Carbone v. Pathrose

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated May 18, 1995, which denied their motion for summary judgment dismissing the complaint. Justice Bracken has been substituted for the late Justice Hart (see, 22 NYCRR 670.1 [c]).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

It is well settled that in the absence of an ordinance or statute imposing liability, an abutting landowner can only be held liable for a defect in a public…