The motions were properly granted on the ground that plaintiff's theory as to how the slippery, greenish liquid came to be on the sidewalk where he fell was too speculative to raise a bona fide issue of fact, and that the abutting owner and lessee cannot be held liable absent facts tending to show that they created such condition or used the sidewalk in front of their building where plaintiff fell for some special purpose (see, Balsam v Delma Eng'g Corp.,
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O'MARA v. L.B. KAYE ASSOCS.
245 A.D.2d 171 (1997)
665 N.Y.S.2d 893
Thomas O'Mara et al., Appellants, v. L.B. Kaye Associates, Defendant, and Hawbok Corporation et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 18, 1997
December 18, 1997
Appellate Division of the Supreme Court of the State of New York, First Department.
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