HOHNKE v. LEE


159 A.D.2d 487 (1990)

Gertrude Hohnke, Appellant, v. I-H Sing Lee, Respondent. (And a Third-Party Action.)

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

March 5, 1990


Ordered that the order is affirmed, with costs.

In this action, the plaintiff claimed that she slipped and fell on a clear plastic "round band" used to wrap newspapers, which was on the sidewalk abutting the building owned by the defendant. The defendant leased a ground floor stationery store, which sold newspapers, to a tenant.

In order to impose liability on the defendant, it must be established that "the landowner created the defective condition or caused...

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