Burrell v. Village of Cedarhurst

This is a defective sidewalk case in which the abutting owner, Rubin, has moved for dismissal of the complaint as to him.

In an effort to hold in the village whose primary duty it is to maintain the sidewalk, but which must receive notice of the defect under section 341-a of the Village Law, plaintiff has alleged that the village created the defect by constructing the walk.

In answer to Rubin’s motion, she now says she has information that the walk was in fact constructed by Rubin’s predecessor in title.

However, it is only in extraordinary cases that when a person buys a title he also buys a…