MOSCHILLO v. CITY OF NEW YORK


290 A.D.2d 260 (2002)

736 N.Y.S.2d 26

RALPH MOSCHILLO, Respondent, v. CITY OF NEW YORK et al., Defendants, and 3880 BOSTON REALTY CORPORATION, Appellant.

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

Decided January 10, 2002.


Plaintiff alleges he was injured when he fell into a hole in a sidewalk in front of defendant's 3880 Boston Road premises, which contained commercial storefronts. The sidewalk is a public sidewalk, over which defendant maintains no control and for which it enjoys no special use. The record evidences that defendant Con Edison had excavated the hole in the sidewalk. It is well established that in the absence of an obligation created by statute or ordinance, an abutting landowner...

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