Legal Opinion

Gross v. Kam She Ng

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

Decided February 14, 2000PublishedCited by 2 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Rappaport, J.), dated October 20, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

*425“As a general rule, an abutting landowner will not be liable to a pedestrian passing by on a public sidewalk unless (1) that landowner has created the defective condition or caused the defect to occur because of some special use, or (2) ‘a local ordinance or statute specifically charges [the]…

2Cases cited8 opinions

  1. Hausser v. GiuntaNew York Court of Appeals · 1996
  2. Figueroa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  3. Romeo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  4. Darringer v. FurtschAppellate Division of the Supreme Court of the State of New York · 1996
  5. Gomez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by2 opinions

  1. Leggio v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2001
  2. Lehner v. BoyleAppellate Division of the Supreme Court of the State of New York · 2004

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