Troeger v. Prudential Insurance Co. of America

Violation of an ordinance requiring the cleaning of sidewalks by abutting owners does not create a liability on the owner from injuries to a wayfarer. They are construed as creating a duty enforcible only by the municipality. (Restatement of the Law of Torts, § 288; City of Rochester v. Campbell, 123 N. Y. 405.)

The abutting owner has been said not to be liable for an injury resulting from a banana peel thrown on the sidewalk by a tenant (Frank v. Muller, 200 App. Div. 639), whereas a storekeeper was held liable where he created a similar condition (Ellis v. Friedlander, 198 App. Div, 57),

*538Here…