Seith v. City of New York

—In an action to recover damages for personal injuries, etc., the defendants Michael F. Bargine and Kathleen M. Bargine appeal from an order of the Supreme Court, Queens County (Flug, J.), dated January 26, 2001, which denied their motion for summary judgment dismissing the complaint and cross claims insofar as asserted against them.

Ordered that the order is affirmed, with costs.

An abutting landowner is generally not liable to a pedestrian who sustains an injury on a public sidewalk unless, inter alia, the landowner created the condition or had a statutory duty to maintain the sidewalk (see…