Hausser v. Giunta

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Robbins, J.), dated May 4, 1993, which granted the defendant’s motion for summary judgment dismissing the complaint.

*605Ordered that the order is affirmed, with costs.

It is the well-settled general rule that a landowner will not be liable to a pedestrian injured by a defect in a public sidewalk abutting the landowner’s premises unless the landowner created the defective condition, or caused the defect to occur because of some special use, or unless a statute or ordinance…