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TYREE v. SENECA CENTER-HOME ATTENDANT PROGRAM, INC.

260 A.D.2d 297 (1999)

689 N.Y.S.2d 61

DIANA TYREE, Respondent, v. SENECA CENTER-HOME ATTENDANT PROGRAM, INC., et al., Appellants, et al., Defendants.

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

Decided April 27, 1999.

The occasional use of the sidewalk for deliveries does not constitute a special use. "`Special use cases usually involve the installation of some object in the sidewalk or street or some variance in the construction thereof'" (Kaminer v Supreme Supermarket/Key Food, 253 A.D.2d 657 [citations omitted]).

"[T]he owner or occupier of land abutting a public sidewalk does not owe a duty to the public, solely arising from the location...

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