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MONTALVO v. HEEGE

301 A.D.2d 427 (2003)

753 N.Y.S.2d 491

CLARA MONTALVO, Respondent, v. KENNETH HEEGE, Appellant, et al., Defendants.

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

Decided January 16, 2003.

The owner of land abutting a public sidewalk owes a duty to the public to maintain the sidewalk in a safe condition only if the abutting owner created the defect or used the sidewalk for a special purpose, such as when an appurtenance was installed for its benefit or at its request, as opposed to an installation for the benefit of the general public (see Thomas v Triangle Realty Co., 255 A.D.2d 153).

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