Opinion
December 20, 1993
Appeal from the Supreme Court, Nassau County (Molloy, J.).
Ordered that the order is affirmed, with costs.
The plaintiff was injured when she tripped and fell on a municipal sidewalk which was located adjacent to the defendant's property.
In opposition to the defendant's motion for summary judgment, the plaintiff relies upon a provision of the Code of the Village of Massapequa Park, which imposes on the defendant landowner a duty to maintain the adjoining municipal sidewalk. However, this ordinance does not expressly impose tort liability upon the defendant for a violation of that duty. Under these circumstances, the defendant owed no duty to the plaintiff to keep the sidewalk in good repair, and cannot be subject to tort liability for any alleged breach of the code provision (see, Forelli v Rugino, 139 A.D.2d 489; Conlon v Village of Pleasantville, 146 A.D.2d 736). Mangano, P.J., Balletta, Lawrence and O'Brien, JJ., concur.