Order of the Appellate Term and judgment of the City Court reversed and complaint dismissed, with costs in all courts.
The provisions in the lease with respect to sidewalk repairs, in the absence of proof that the sidewalk was used for private purposes, did not obligate either the abutting owner or the lessee to make repairs. The duty of maintaining the sidewalk in a safe condition is on the municipality. (City of Rochester v. Campbell, 123 N.Y. 405; Metzroth...
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