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LATTANZI v. RICHMOND BAGELS, INC.

291 A.D.2d 434 (2002)

737 N.Y.S.2d 391

ALBERT LATTANZI et al., Respondents, v. RICHMOND BAGELS, INC., Appellant.

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

Decided February 11, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The injured plaintiff allegedly slipped and fell on a piece of fruit on the sidewalk in front of the premises occupied by the defendant, sustaining personal injuries.

The owner or the lessee of land abutting a public sidewalk owes no duty to keep the sidewalk in a safe condition (see, Hausser v Giunta, 88 N.Y.2d 449

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