ZEKTSER v. CITY OF NEW YORK


18 A.D.3d 869 (2005)

796 N.Y.S.2d 656

BORIS ZEKTSER et al., Respondents, v. CITY OF NEW YORK, Defendant, and ELLIOT L. BASS et al., Appellants.

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

May 31, 2005.


Ordered that the order is reversed, on the law, with one bill of costs payable by the plaintiffs, the motion is granted, the complaint is dismissed insofar as asserted against the appellants, and the action against the remaining defendant is severed.

Absent the existence of a statute or ordinance imposing liability (see e.g. Administrative Code City of NY § 7-210), an abutting landowner is not liable to a passerby on a public sidewalk for injuries resulting...

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