Alicea v. City of New York

Full title: FRANCIA ALICEA, Appellant, v. CITY OF NEW YORK et al., Defendants, and…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 28, 1992

188 A.D.2d 631 (N.Y. App. Div. 1992)

591 N.Y.S.2d 518

Opinion

December 28, 1992

Appeal from the Supreme Court, Kings County (Bernstein, J.).

Ordered that the order is affirmed, with costs.

The area where plaintiff was injured is remote from the defendant Waldbaum's store, is not part of the property leased by the defendant Waldbaum's, and is a public sidewalk outside of the perimeter fence of the common parking area shared by several businesses including the defendant Waldbaum's. Consequently, the defendant Waldbaum's owed no duty to the plaintiff, and the action against it was properly dismissed (cf., Putnam v Stout, 38 N.Y.2d 607; Chadis v Grand Union Co., 158 A.D.2d 443). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.