SCHEER v. ROTH


280 A.D.2d 595 (2001)

720 N.Y.S.2d 541

TINA SCHEER et al., Respondents, v. GLORIA ROTH, Individually and as Administrator of the Estate of CHARLES ROTH, Deceased, Appellant, and CITY OF NEW YORK, Respondent.

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

Decided February 20, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the motion is granted, and the complaint and all cross claims insofar as asserted against the appellant are dismissed.

Liability for injuries sustained as a result of a dangerous and defective condition on a public sidewalk is ordinarily placed on the municipality and not the abutting landowner...

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