BEPLAT v. CITY OF NEW YORK


246 A.D.2d 471 (1998)

668 N.Y.S.2d 382

Patricia Beplat et al., Respondents, v. City of New York, Defendant, and Stephan Weiss Studios, Ltd., et al., Appellants

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

January 27, 1998


It is of no moment that the prior owners, and not defendants, the present owners of the building abutting the sidewalk where the fuel oil intake valve over which plaintiff tripped is located, installed the valve in the sidewalk and that defendants have never made use of it. It is the capability of use rather than the actual use that creates liability on the basis of the abutting owner's special use (Lombardozzi v City of New York, 71 Misc.2d 271...

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