Stanchic v. Lim

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Nastasi, J.), entered July 29, 2004, as, upon renewal, granted that branch of the motion of the defendant John Lim which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against him.

*412Ordered that the order is affirmed insofar as appealed from, with costs.

An abutting landowner will not be liable to a pedestrian injured on a public sidewalk unless that landowner created the defective condition…