JOHANNSEN v. RUDOLPH


34 A.D.3d 338 (2006)

824 N.Y.S.2d 276

THEA JOHANNSEN, Respondent, v. BESTANY RUDOLPH et al., Appellants.

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

Decided November 21, 2006.


Plaintiff contends that she tripped on a plastic packaging hoop while walking on the sidewalk near defendants' alleyway dumpsters and that refuse had been present on the subject sidewalk area on many occasions. It is undisputed that at the time of the accident, defendants were under no statutory duty to maintain the sidewalk. Plaintiff claims that defendants created the dangerous condition because no other store on the subject street, but for defendants' store, disposed of...

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