Legal Opinion

Martin v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided February 10, 2009PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants Moise Zaytoune and Jacqueline Zaytoune appeal from an order of the Supreme Court, Kings County (Bunyan, J.), dated January 30, 2008, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

“An owner of property abutting a public sidewalk is under no duty to pedestrians to remove snow and ice that accumulates on the sidewalk unless a statute or ordinance specifically imposes tort liability for failing to do so, or the property…

2Cases cited4 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Knee v. Trump Village Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Jablons v. Peak Health Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Rao v. HatanianAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Schwint v. Bank Street Commons, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  2. Roger v. Homestead Renovations, LLCAppellate Division of the Supreme Court of the State of New York · 2014

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