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SEITH v. CITY OF NEW YORK

293 A.D.2d 666 (2002)

741 N.Y.S.2d 112

JOHN SEITH et al., Respondents, v. CITY OF NEW YORK et al., Respondents, and MICHAEL F. BARGINE et al., Appellants.

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

Decided April 22, 2002.

Ordered that the order is affirmed, with costs.

An abutting landowner is generally not liable to a pedestrian who sustains an injury on a public sidewalk unless, inter alia, the landowner created the condition or had a statutory duty to maintain the sidewalk (see Berlinger v City of New York, 289 A.D.2d 188; Winberry v City of New York, 257 A.D.2d 618). However, a landowner who negligently...

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