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RENE v. UNION GARDENS CO-OPERATIVE, SECTION 1, INC.

299 A.D.2d 471 (2002)

749 N.Y.S.2d 743

JASON RENE et al., Respondents, v. UNION GARDENS CO-OPERATIVE, SECTION 1, INC., Appellant, and CITY OF NEW YORK, Respondent.

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

Decided November 18, 2002.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

"An abutting landowner will not be liable to a pedestrian passing by on a public sidewalk unless the landowner created the defective condition or caused the defect to occur because of some special use, or unless a statute or ordinance placed the obligation to maintain the sidewalk upon the landowner and expressly made the landowner liable...

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