BRUN v. CITY OF YONKERS


269 A.D.2d 346 (2000)

702 N.Y.S.2d 112

JOSIANE BRUN, Plaintiff, v. CITY OF YONKERS, Respondent, and RALPH WATKINS, Appellant.

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

Decided February 7, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the third-party action/ cross claim is dismissed.

The plaintiff allegedly tripped and fell on a public sidewalk in front of premises owned by the appellant's decedent. A landowner will not be liable to a pedestrian injured by a defect in a public sidewalk abutting the landowner's premises unless the landowner either created the defective condition or caused it to occur...

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