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Spector v. Philip Puglisi

Supreme Court, Appellate Term, Second Department
Oct 25, 1957
9 Misc. 2d 250 (N.Y. App. Term 1957)

Opinion

October 25, 1957

Appeal from the City Court of the City of New York, County of Kings, MILTON WECHT, J.

Lillian E. Cuff for appellant.

Max Krongold and Ezekiel Jasper for respondent.


In this action for personal injuries, plaintiff seeks a recovery from the owner of real property for his alleged negligence in failing to clean the public sidewalk in front of his property after receiving notice that strawberries and vegetable leaves had been strewn thereon. It clearly appears from the evidence that this condition was created by someone other than defendant owner. Absent any proof to connect this defendant with the person who was initially responsible for such condition, plaintiff failed to establish any basis for liability herein ( Frank v. Muller, 200 App. Div. 639, affd. 235 N.Y. 540). The duty to clean the sidewalk imposed on an owner of real property by section 755 (3)-2.0 of the Administrative Code of the City of New York is enforcible only at the instance of the city ( City of Rochester v. Campbell, 123 N.Y. 405; Troeger v. Prudential Ins. Co. of America, 154 Misc. 537).

The judgment should be unanimously reversed on the law, with costs to defendant-appellant and complaint dismissed with costs.

PETTE, HART and DI GIOVANNA, JJ., concur.

Judgment reversed, etc.


Summaries of

Spector v. Philip Puglisi

Supreme Court, Appellate Term, Second Department
Oct 25, 1957
9 Misc. 2d 250 (N.Y. App. Term 1957)
Case details for

Spector v. Philip Puglisi

Case Details

Full title:RAY SPECTOR, Respondent, v. PHILIP PUGLISI, Appellant, et al., Defendants

Court:Supreme Court, Appellate Term, Second Department

Date published: Oct 25, 1957

Citations

9 Misc. 2d 250 (N.Y. App. Term 1957)
172 N.Y.S.2d 524

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