DOYLEY v. STEINER

9023, 307597/08.

107 A.D.3d 517 (2013)

967 N.Y.S.2d 704

2013 NY Slip Op 4450

ICILDA VERONICA DOYLEY, Respondent, v. THOMAS D. STEINER et al., Appellants, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Sued Herein as CON EDISON CORP., Respondent.

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

Decided June 13, 2013.


Defendant property owners failed to establish, as a matter of law, that they had no duty to maintain the electrical shunts that defendant Con Edison placed across the sidewalk in front of their property to provide emergency power for the tenants residing there. We have generally held that an issue of fact exists whether such equipment constitutes a special use of the sidewalk that creates a duty of care on the part of the property owner (see e.g. Cook v Consolidated Edison...

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