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KENT v. CITY OF NEW YORK

284 A.D.2d 375 (2001)

725 N.Y.S.2d 896

ANITA KENT et al., Respondents, v. CITY OF NEW YORK, Respondent, and MARGOT GANGER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 11, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

In the absence of evidence that an abutting landowner made special use of a sidewalk or created or caused an alleged defective condition, the property owner is not liable for injuries sustained...

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