EKSOUZIAN v. LEVENSON


139 A.D.2d 690 (1988)

Gary Eksouzian, Appellant, v. Lucille Levenson et al., as Trustees under The Will of Sadye Lichtenstein, Respondents, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 25, 1988


Ordered that the order is affirmed, with costs.

The plaintiff seeks to recover damages for personal injuries he allegedly incurred when he tripped and fell on a defective sidewalk abutting the property owned by the estate of Sadye Lichtenstein. The defendants Levenson and Krout are the trustees of the estate.

In the absence of a statute or ordinance imposing liability upon an abutting landowner for a defective sidewalk, as a general rule, "it must appear that...

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