LINDESAY v. CITY OF NEW YORK


56 A.D.3d 532 (2008)

LYDIA LINDESAY, Respondent, v. CITY OF NEW YORK, Respondent, and ROSALIE DRAKES, Appellant.

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

November 12, 2008.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Rosalie Drakes for summary judgment dismissing the complaint and all cross claims insofar as asserted against her is granted.

The appellant owns premises including a one-family house, which abuts the portion of a sidewalk where the plaintiff tripped and fell. "As a general rule, a landowner will not be liable to a pedestrian injured by a defect in a public sidewalk abutting...

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