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Scalici v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 744 (N.Y. App. Div. 1995)

Opinion

May 30, 1995

Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).


Ordered that the order is affirmed, with costs.

The plaintiff was injured when she tripped and fell on a section of sidewalk in front of premises which were owned by the defendant Foxwood Square, Ltd. (hereinafter Foxwood). It is well settled that an owner or occupier of property will not be liable to a third party solely because its property abuts a public sidewalk where an injury occurs (see, Appio v City of Albany, 144 A.D.2d 869; Kiernan v Thompson, 137 A.D.2d 957). We reject the plaintiff's contention that Foxwood could be held liable under the exception to this rule that liability may result where it is shown that the sidewalk was constructed in a special manner for the benefit of the abutting owner (see, Appio v City of Albany, supra). Contrary to the plaintiff's contention, the record does not support the conclusion that the defective section of sidewalk was dug up in order to place utility lines at the request of, or for the benefit of, Foxwood.

We also reject the plaintiff's contention that Foxwood could be held liable for its failure to maintain the sidewalk in violation of 34 RCNY 2-02. In order for a statute, ordinance, or municipal charter to impose tort liability upon an abutting owner for injuries caused by its negligence, the language thereof must not only charge the landowner with a duty, it must also specifically state that if the landowner breaches that duty he will be liable to those who are injured (see, Conlon v Village of Pleasantville, 146 A.D.2d 736). No such language is contained in the subject ordinance. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.


Summaries of

Scalici v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 744 (N.Y. App. Div. 1995)
Case details for

Scalici v. City of New York

Case Details

Full title:CECILIA SCALICI, Appellant, v. CITY OF NEW YORK, Defendant, and FOXWOOD…

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

Date published: May 30, 1995

Citations

215 A.D.2d 744 (N.Y. App. Div. 1995)
627 N.Y.S.2d 730

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