WU v. LANDAU

A landowner owes no duty to the public to maintain an abutting sidewalk in a safe condition unless said owner has used the sidewalk for a special purpose or created an unsafe condition (Xerri v. Cooper Union for Advancement of Science Art, 255 A.D.2d 165 680 N.Y.S.2d 226). Where injury to a pedestrian can be traced to debris overflowing from a sanitation receptacle, this is generally the responsibility of the municipality (Montalvo v. Western Estates, 240 A.D.2d 45). Even if the owners of the building adjacent to the sidewalk did notify the Sanitation Department of a recurring problem due to inadequacy of the receptacle, this would not create a liability on their part where none exists as a matter of law.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.