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OTERO v. CITY OF NEW YORK

213 A.D.2d 339 (1995)

624 N.Y.S.2d 157

Joan Otero, Respondent, v. City of New York, Defendant, and Jerome Bloom, Appellant

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

March 28, 1995

The Supreme Court erred in denying the defendant's motion for summary judgment since the plaintiff failed to establish the existence of any triable issue of fact (Zuckerman v City of New York, 49 N.Y.2d 557). 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...

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