Ordered that the order is affirmed, with costs.
The plaintiff allegedly tripped and fell on a hole in the sidewalk which was adjacent to a building owned by the respondent. The law is well established that an abutting landowner will not be liable to a pedestrian passing by on a public sidewalk unless, insofar as is relevant here, the landowner created the defective condition or caused the defect to occur because of some special use (see, Vallejo v Yorkshire Apts...
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