LOPEZ v. TOWN FAIR SUPERMARKET, INC.


256 A.D.2d 387 (1998)

681 N.Y.S.2d 598

ERASMO LOPEZ, Respondent, v. TOWN FAIR SUPERMARKET, INC., et al., Respondents, and FLORENCE D'URSO, as Trustee of the Residuary Trust Created by CAMILLO J. DURSO, Deceased, Defendant and Third-Party Plaintiff-Appellant. COUNTY OF NASSAU, Third-Party Defendant-Respondent.

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

Decided December 14, 1998.


Ordered that the order is affirmed, with costs to the plaintiff.

The plaintiff allegedly broke his ankle when he stepped into an approximately six-inch deep hole while walking on a public sidewalk which abutted a building owned by the appellant. There was evidence in the record that a large drainage pipe located on the side of the building extended down into the sidewalk, causing water run-off to erode the sidewalk.

Liability may be imposed upon landowners...

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