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JAMEER v. FINE FARE EXPRESS, INC.

279 A.D.2d 256 (2001)

719 N.Y.S.2d 36

AZEEMA JAMEER, Appellant, v. FINE FARE EXPRESS, INC., et al., Defendants, and MPA REVIVAL REALTY CORP. et al., Respondents.

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

Decided January 4, 2001.

While a landowner has no duty to maintain the sidewalk abutting its property in a safe condition unless either the landowner or a lessee created the defective condition or used the sidewalk for a special purpose (see, Otero v City of New York, 213 A.D.2d 339), here, plaintiff proffered sufficient evidence to raise a triable issue of fact that defendant MPA created and/or contributed to the heavy debris condition existing on the vacant...

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