Legal Opinion
Petrowski v. Abraham
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1999PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Plaintiff was injured when she slipped and fell on ice on the public sidewalk in front of defendant’s building. Absent proof that defendant created the dangerous condition or used the sidewalk for a special purpose that resulted in plaintiffs injury, liability may not be imposed upon defendant, as the abutting owner, for the dangerous condition of the sidewalk (see, O’Shea v Ilion Main St.…
2Cases cited6 opinions
- Roark v. HuntingNew York Court of Appeals · 1969
- Fusco v. Stewart's Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Appio v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1988
- Cerra v. Perk DevelopmentAppellate Division of the Supreme Court of the State of New York · 1993
- Farnsworth v. Village of PotsdamAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by3 opinions
- Baia v. Allright Parking Buffalo, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Brierley v. Great Lakes Motor Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Camacho v. GarciaAppellate Division of the Supreme Court of the State of New York · 2000