AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

GERARD LEHNER, appellant, v. JOHN BOYLE, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

An owner of land abutting a public sidewalk does not, solely by reason of being an abutting owner, owe a duty to keep the sidewalk in a safe condition ( see Loforese v. Cadillac Fairview Shopping Ctrs., U.S., 235 A.D.2d 399). An abutting landowner will not be liable to a pedestrian injured on a public sidewalk unless that landowner created the defective condition complained of or caused the defect to occur because of some special use, or a local ordinance or statute casts a duty upon him or her to maintain and repair the sidewalk and imposes liability for injuries resulting from a breach of that duty ( see Eidelman v. Hochauser, 242 A.D.2d 596, 597).

In the absence of any such local ordinance or statute, and of evidence that any defective condition existed, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint ( see Leggio v. County of Nassau, 281 A.D.2d 518; Gross v. Kam She Ng, 269 A.D.2d 424).

SANTUCCI, J.P., SCHMIDT, TOWNES and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

LEHNER v. BOYLE
(May 17, 2004)