People v. Bronxville-Palmer, Ltd.

OPINION OF THE COURT

Robert W. Cacace, J.

The defendant is charged with violation of section 90-6 of the Code of the City of Yonkers, in that it failed to remove snow and ice from the sidewalk in front of the premises owned by it, which premises are known as No. 900 Palmer Road in the City of Yonkers.

The defendant moves to dismiss the complaint on the ground that the sidewalk in question, while technically contiguous to its property, is separated by a wall, built by the State of New York, subsequent to the acquisition by the State of a permanent easement. The position of the defendant is that…