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MORRISSEY v. CITY OF NEW YORK

248 A.D.2d 294 (1998)

670 N.Y.S.2d 465

Clovene Morrissey et al., Respondents, v. City of New York et al., Defendants, and Corner Realty 30/7 Inc., Appellant

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

March 26, 1998

The owner of real property does not owe the public a duty to keep a public sidewalk in safe condition solely because the property abuts the sidewalk (City of Rochester v Campbell, 123 N.Y. 405, 412; Alicea v City of New York, 188 A.D.2d 631; Kiernan v Thompson, 137 A.D.2d 957, 958). Here, plaintiff sought to rely upon an exception to that general rule that provides that an abutting...

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