GAGE v. CITY OF NEW YORK


203 A.D.2d 118 (1994)

610 N.Y.S.2d 485

Helen Gage, Respondent, v. City of New York et al., Respondents, and 59th Street Associates, Appellant. Helen Gage, Respondent, v. Travel Time & Tide, Inc., Respondent

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

April 14, 1994


"It is well settled that the owner or lessee of land abutting a public sidewalk owes no duty to the public to keep the sidewalk in a safe condition unless the landowner or lessee creates a defective condition in the sidewalk or uses it for a special purpose" (Tortora v Pearl Foods, 200 A.D.2d 471, 472). Here, movant is the owner of a theatre establishment, the lessee of which, with its...

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