Opinion
June 9, 1998
Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).
Plaintiff's alleged injuries resulted from a slip and fall in a pothole on a public sidewalk abutting the Friedland defendants' property. Defendants' property manager established that defendants were not responsible for sidewalk maintenance or repair, which was the responsibility of tenants. Since the abutting owner as a matter of law does not owe a general duty to the public to maintain the sidewalk in a safe condition ( Nuesi v. City of New York, 205 A.D.2d 370), and these defendants did not cause the defect ( cf., Granville v. City of New York, 211 A.D.2d 195, 197) nor make special use of the sidewalk ( cf., supra), there is no lawful basis to impose liability on them.
Concur — Lerner, P. J., Ellerin, Rubin, Tom and Andrias, JJ.