Ordered that the order is reversed, on the law, and a new trial is granted, with costs to abide the event.
It is well settled that an abutting landowner will not be liable to a pedestrian who is injured while passing by on a public sidewalk unless the landowner created the defective condition or caused the defect to arise as a result of some special use, or unless a statute or ordinance places an obligation to maintain the sidewalk upon the landowner (see,...
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