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PERON v. RITE AID OF NEW YORK, INC.

286 A.D.2d 488 (2001)

729 N.Y.S.2d 643

YVONNE M. PERON, Respondent, v. RITE AID OF NEW YORK, INC., et al., Appellants.

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

Decided August 27, 2001.

Ordered that the order is affirmed, with costs.

"An abutting landowner will not be liable to a pedestrian who sustains an injury on a public sidewalk unless (1) the landowner created the defective condition or caused the defect to occur because of some special use, or (2) a statute or ordinance placed the obligation to maintain the sidewalk upon the landowner and expressly made the landowner liable for injuries occasioned by the failure to perform that duty" (Quinn...

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