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Partridge v. Pinzino

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 460 (N.Y. App. Div. 1996)

Opinion

May 13, 1996

Appeal from the Supreme Court, Nassau County (O'Brien, J.).


Ordered that the order is affirmed, with costs.

The plaintiff Adam Partridge allegedly suffered injuries when he fell off of his bicycle after riding over an uneven portion of a public sidewalk abutting property owned by the defendants Stephen D. Pinzino and Charlene Pinzino. Thereafter, the plaintiffs brought this personal injury action against the defendants.

The court properly granted the motion of the defendants Stephen D. Pinzino and Charlene Pinzino for summary judgment ( see, Zawacki v. Town of N. Hempstead, 184 A.D.2d 697). "It is well settled that the owner of land abutting on a public sidewalk does not, solely by reason of being an abutting owner, owe to the public a duty to keep the sidewalk in a safe condition" ( Davi v Alhamidy, 207 A.D.2d 859, 860). The plaintiffs presented no evidence in admissible form that the installation by the Pinzinos of a cesspool in front of their home caused the allegedly defective condition of the sidewalk. Assertions to this effect by the plaintiffs' counsel were merely speculation and conjecture unsupported by the record and, therefore, were insufficient to defeat the motion for summary judgment ( see, Davi v. Alhamidy, supra, at 860). Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.


Summaries of

Partridge v. Pinzino

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 460 (N.Y. App. Div. 1996)
Case details for

Partridge v. Pinzino

Case Details

Full title:DIMETRIUS PARTRIDGE et al., Appellants, v. STEPHEN D. PINZINO et al.…

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

Date published: May 13, 1996

Citations

227 A.D.2d 460 (N.Y. App. Div. 1996)
642 N.Y.S.2d 933

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