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McKENZIE v. COLUMBUS CENTRE, LLC

40 A.D.3d 312 (2007)

835 N.Y.S.2d 190

ANGELA McKENZIE, Respondent-Appellant, v. COLUMBUS CENTRE, LLC, et al., Respondents, and ATLANTIC-HEYDT CORPORATION, Appellant, et al., Defendant.

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

Decided May 10, 2007.

Under the special use doctrine, Columbus Centre, as owner of the premises being demolished, owed a duty to plaintiff, a pedestrian who fell in a roadway depression under a sidewalk protective shed erected at the demolition site (see Kaufman v Silver, 90 N.Y.2d 204, 207 [1997]). Columbus Centre derived a special benefit from being able to utilize part of the roadway for the sidewalk shed and scaffolding erected in connection with...

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