DARNOVSKY v. UNUSUAL REST., INC.


221 A.D.2d 151 (1995)

633 N.Y.S.2d 147

Beatrice Darnovsky, Appellant, v. Unusual Restaurant, Inc., et al., Respondents

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

November 2, 1995


We reject plaintiff's contention that defendants' "special use" of the sidewalk created a duty on their part to keep the sidewalk area adjacent to the outdoor cafe railing unobstructed, since the "special use" doctrine does not apply in this case. The allegedly "defective condition", a dog tied to a barrier while its owner was allegedly patronizing defendant restaurant's establishment, was on a section of the sidewalk on which plaintiff was walking that was outside of the...

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