SAMMARCO v. CITY OF NEW YORK


16 A.D.3d 657 (2005)

794 N.Y.S.2d 54

FRANCES SAMMARCO, Appellant, v. CITY OF NEW YORK, Defendant, and LONG ISLAND UNIVERSITY, Respondent.

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

March 28, 2005.


Ordered that the order is affirmed insofar as appealed from, with costs.

As a general rule, a landowner will not be liable to a pedestrian injured by a defect in a public sidewalk abutting its premises (see Hausser v Giunta, 88 N.Y.2d 449 [1996]; Roman v City of New York, 6 A.D.3d 691 [2004]). "However, liability can be imposed on an abutting...

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