Breger v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*771The plaintiff tripped and fell on a piece of concrete on the sidewalk abutting property owned by the defendants Marvin Heilman and Rozi Heilman (hereinafter the Heilmans). The defendant MMJ Contracting (hereinafter MMJ) was performing construction on the Heilmans’ property.
It is well settled that abutting landowners are liable for a defect in a public sidewalk only when the owners either created the defective condition or caused the defect to occur because of a special use, or when a statute or ordinance places an obligation on them to maintain the sidewalk and expressly makes them liable for…
2Cases cited6 opinions
- Meyer v. GuintaAppellate Division of the Supreme Court of the State of New York · 1999
- Aversano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Waldron v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Packer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Cela v. Goodyear Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 2001
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Katz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Adorno v. CartyAppellate Division of the Supreme Court of the State of New York · 2005
- Campos v. Midway Cabinets, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Nunez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Torres v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
6 more not listed; retrieve them via the Exa API.