Legal Opinion
Biondi v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2008PublishedCited by 5 opinions
1Opinion of the Court
Generally, liability for injuries sustained as a result of dangerous and defective conditions on public sidewalks is placed on the municipality and not the abutting landowner (see Hausser v Giunta, 88 NY2d 449, 452-453 [1996]; Bruno v City of New York, 36 AD3d 640 [2007]). However, an abutting landowner or tenant will be liable to a pedestrian injured by a defect in a sidewalk where the landowner or the tenant negligently constructed or repaired the sidewalk, otherwise caused the defective condition, caused the defect to occur by some special use of the sidewalk, or breached a specific…
2Cases cited6 opinions
- Hausser v. GiuntaNew York Court of Appeals · 1996
- Utica Mutual Insurance v. P.M.A. Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Cannizzaro v. Simco Management Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Bruno v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Packer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by5 opinions
- DiGregorio v. Fleet BankAppellate Division of the Supreme Court of the State of New York · 2009
- Adler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Brennan v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2014
- Williams v. AzeemAppellate Division of the Supreme Court of the State of New York · 2009
- Clark v. Great Atlantic & Pacific Tea Company, Inc.Appellate Division of the Supreme Court of the State of New York · 2009