ROMERO v. CITY OF NEW YORK


5 A.D.3d 657 (2004)

774 N.Y.S.2d 735

ROSARIO ROMERO, Respondent, v. CITY OF NEW YORK, Respondent, and RONG CHEN MO et al., Appellants.

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

March 22, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

The plaintiff tripped and fell on a sidewalk abutting the property of the appellants, Rong Chen Mo and Cui Juan He. An abutting landowner will not be held liable to a pedestrian passing by on a public sidewalk unless the landowner created...

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