The motion court erred in applying the theory of "special use" to these circumstances and in finding an issue as to whether defendant's use of the site of plaintiff's accident for deliveries would impose liability. The owner or lessee of land abutting a public sidewalk owes no duty to the public to keep the sidewalk in a safe condition unless the landowner creates a defective condition in the sidewalk or uses it for a special purpose (see, D'Ambrosio v City of New...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
