ROSALES v. CITY OF NEW YORK


221 A.D.2d 329 (1995)

633 N.Y.S.2d 213

Jorge Rosales et al., Appellants, v. City of New York, Defendant, and Hamilton Hall Realty Corporation, Respondent

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

November 6, 1995


Ordered that the order is affirmed, with costs.

As we recently observed, "[i]t is the well-settled general rule that a landowner will not be liable to a pedestrian injured by a defect in a public sidewalk abutting the landowner's premises unless the landowner created the defective condition, or caused the defect to occur because of some special use, or unless a statute or ordinance placed the obligation to maintain the sidewalk upon the landowner and expressly made...

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