PICH v. KRUPP


272 A.D.2d 459 (2000)

708 N.Y.S.2d 338

EILEEN PICH et al., Respondents, v. LARRY KRUPP et al., Appellants.

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

Decided May 15, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff Eileen Pich was injured when she tripped and fell on a public sidewalk abutting premises owned by the defendants. It is well settled that an abutting landowner will be liable to a pedestrian injured by a defect in a public sidewalk only when the owner either created the condition or caused the defect to occur because of a special use, or...

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