Yanhko v. Fane

Because of its periodic and persistent recurrence, the question posed by this case — whether an abutting commercial landowner is liable for a pedestrian’s injuries from a defective or dilapidated sidewalk — may truly represent a legal albatross of this Court. In affirming dismissal of plaintiff’s cause of action, the majority relies on precedents supporting the proposition that a landowner does not incur liability, even when the landowner is aware of the existing condition and its danger to those who use the sidewalk. While I appreciate the guidance which is afforded by precedents, I am…