SMALLEY v. BEMBEN


12 N.Y.3d 751 (2009)

LINDA SMALLEY, Appellant, v. MATTHEW J. BEMBEN, Respondent.

Court of Appeals of the State of New York.

Decided February 24, 2009.


Attorney(s) appearing for the Case

Law Offices of Michael G. Dwyer, PLLC, Williamsville (Michael G. Dwyer of counsel), for appellant.

Barth Sullivan Behr, Buffalo (Laurence D. Behr of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Unless a statute or ordinance "clearly imposes liability upon" an abutting landowner, only a municipality may be held liable for the negligent failure to remove snow and ice from a public sidewalk (Roark v Hunting, 24 N.Y.2d 470, 475 [1969] [emphasis added]; Jacobs v Pasquale,

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