Darnovsky v. Unusual Restaurant, Inc.

—Order, Supreme Court, New York County (Carol Arber, J.), entered on or about February 6, 1995, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We reject plaintiff’s contention that defendants’ "special use” of the sidewalk created a duty on their part to keep the sidewalk area adjacent to the outdoor cafe railing unobstructed, since the "special use” doctrine does not apply in this case. The allegedly "defective condition”, a dog tied to a barrier while its owner was allegedly patronizing defendant restaurant’s…