ROMAN v. CITY OF NEW YORK


6 A.D.3d 691 (2004)

775 N.Y.S.2d 163

JOSE ROMAN, Respondent, v. CITY OF NEW YORK et al., Defendants, and MANHATTAN AVENUE REALTY ASSOCIATES, Appellant.

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

April 26, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

Generally, liability for injuries sustained as a result of a dangerous and defective condition in or the negligent maintenance of a public sidewalk is placed on the municipality and not on the abutting landowner (see Hausser v...

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