FISHELBERG v. EMMONS AVENUE HOSPITALITY CORP.


26 A.D.3d 460 (2006)

810 N.Y.S.2d 502

RENEE FISHELBERG, Respondent, v. EMMONS AVENUE HOSPITALITY CORP., Doing Business as FOR GOODNESS STEAK, Defendant and Third-Party Plaintiff-Appellant. CITY OF NEW YORK, Third-Party Defendant-Respondent.

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

February 28, 2006.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint and counterclaims asserted by the third-party defendant are dismissed.

The plaintiff allegedly was injured when she fell on a public sidewalk adjacent to a restaurant owned by the appellant.

An abutting landowner will not be liable to a pedestrian injured as a result of a defect on a public sidewalk unless the landowner created the defective condition or caused...

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