Sharif v. City of New York

—Order, Supreme Court, New York County (Phyllis GangelJacob, J.), entered October 21, 1997, which denied the motion of defendants Katz and Ayelet Realty Co. for summary judgment dismissing the complaint as to them, unanimously reversed, on the law, without costs, defendants-appellants’ motion granted and the complaint dismissed as to them. The Clerk is directed to enter judgment accordingly.

The motion court erred in denying the moving defendants summary judgment. “[A]bsent an obligation created by statute or ordinance, an abutting landowner or lessee will be held responsible for maintaining…