FELDMAN v. KINGS HERO RESTAURANT


270 A.D.2d 1 (2000)

703 N.Y.S.2d 476

BERNARD FELDMAN, Respondent, v. KINGS HERO RESTAURANT, Also Known as EX-CEL FAST FOOD, et al., Appellants, et al., Defendants.

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

Decided March 2, 2000.


The record establishes that both defendants-appellants had special use of the sidewalk abutting the premises they respectively owned and leased. The restaurant installed and received revenue from a pay phone outside the premises it leased in the hotel's building, and the hotel was responsible for an abandoned and sealed elevator shaft which had been installed in the sidewalk by a prior owner (see, Karr v City of New York, 161 A.D.2d 449...

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