Salas v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered February 28, 2001, which granted *420that branch of the motion of the defendant Hijong Lee which was for summary judgment dismissing the complaint insofar as asserted against him.
Ordered that the order is affirmed, with costs.
It is well settled that an abutting landowner will not be liable to a pedestrian injured on a public sidewalk unless the landowner, inter alia, caused the defect to occur because of some special use of the sidewalk (see…
2Cases cited7 opinions
- Hausser v. GiuntaNew York Court of Appeals · 1996
- Kaufman v. SilverNew York Court of Appeals · 1997
- Kaszovitz v. WeiszmanAppellate Division of the Supreme Court of the State of New York · 1985
- Winberry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Benenati v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by4 opinions
- Diaz v. VieniAppellate Division of the Supreme Court of the State of New York · 2003
- Roman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Lee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Lucciola v. City of New YorkNew York Supreme Court · 2005