PADAWER v. CITY OF NEW YORK


269 A.D.2d 509 (2000)

703 N.Y.S.2d 740

MORRIS PADAWER, as Administrator of the Estate of SAM PADAWER, Deceased, Respondent, v. CITY OF NEW YORK, Defendant, and KIVELY CHRISTAKOS, Appellant.

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

Decided February 22, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the defendant Kively Christakos.

"It is well settled that the owner or lessee of land abutting a public sidewalk owes no duty to the public to keep the sidewalk in a safe condition unless the landowner or lessee creates a defective condition in the sidewalk or uses it for a special purpose" (Otero v City of New York,...

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