Weinberg v. Wing

Order entered on July 5, 1961 unanimously reversed on the law, with $20 costs and disbursements, and motion to dismiss the third-party complaint granted, with $10 costs. The defendants and the third-party defendant were respectively the tenants and the owner of the premises abutting the sidewalk where the plaintiff fell. It.is well settled that the third-party defendant as the owner of the premises was under no general duty to maintain or keep in repair the abutting sidewalk. Allegations merely of the existence of a defective condition in the sidewalk and notice to the owner of such condition…