HAND v. STANPER FOOD CORP.


250 A.D.2d 812 (1998)

672 N.Y.S.2d 789

Gerard Hand et al., Respondents, v. Stanper Food Corp., Appellant

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

May 26, 1998


Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.

The plaintiff Gerard Hand was allegedly injured when he tripped and fell on a broken sign post protruding from a sidewalk. He and his wife subsequently commenced this action against the defendant, the owner of the property abutting the sidewalk.

In the absence of evidence that an abutting landowner made special use of a public sidewalk...

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