PACKER v. CITY OF NEW YORK


282 A.D.2d 587 (2001)

723 N.Y.S.2d 378

MARC PACKER et al., Appellants, v. CITY OF NEW YORK, Defendant, and MANUFACTURERS HANOVER TRUST, Respondent. (And a Third-Party Action.)

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

Decided April 16, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.

On February 19, 1994, the plaintiff Marc Packer allegedly tripped and fell on a broken, uneven sidewalk in front of a branch office of the respondent, Manufacturers Hanover Trust. A landowner is not liable to a pedestrian passing by on a public sidewalk unless the landowner...

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