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SALAS v. CITY OF YONKERS

294 A.D.2d 419 (2002)

743 N.Y.S.2d 123

CARMEN SALAS, Appellant, v. CITY OF YONKERS et al., Defendants, and HIJONG LEE, Respondent.

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

Decided May 13, 2002.

Ordered that the order is affirmed, with costs.

It is well settled that an abutting landowner will not be liable to a pedestrian injured on a public sidewalk unless the landowner, inter alia, caused the defect to occur because of some special use of the sidewalk (see Kaufman v Silver, 90 N.Y.2d 204; Hausser v Giunta, 88 N.Y.2d 449; Benenati v City of New York,

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