Nicholson v. City of New York

Full title: HELEN M. NICHOLSON, Respondent, v. CITY OF NEW YORK et al., Defendants…

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

Date published: Jan 28, 1999

257 A.D.2d 532 (N.Y. App. Div. 1999)

684 N.Y.S.2d 240

Opinion

January 28, 1999.

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).

It is well settled that liability for injuries sustained as a result of the existence of a dangerous and defective condition on a public sidewalk is generally placed on the municipality rather than the abutting landowner, unless the sidewalk was constructed to accommodate a special use by the landowner or the landowner created the defect ( Hausser v. Giunta, 88 N.Y.2d 449, 453-454; Stephens v. J J Hat Ctr., 248 A.D.2d 270).

In this matter there is no evidence in the record supporting the contention that defendants-appellants contributed to causing the defective condition that allegedly caused plaintiff's injury, and they were therefore entitled to summary judgment dismissing the complaint as against them.

Concur — Ellerin, J.P., Nardelli, Tom and Andrias, JJ.