Hinkley v. City of New York
Cases that cite this one
7 later published cases cite this decision.
- Cahill v. Foodland Deli of L.I., Inc. (Appellate Division of the Supreme Court of New York 2000)
- Capobianco v. Mari (Appellate Division of the Supreme Court of New York 1999)
- Charlip v. City of New York (Appellate Division of the Supreme Court of New York 1998)
- Muhlon v. Surf Operating Co. (Appellate Division of the Supreme Court of New York 1998)
- Loforese v. Cadillac Fairview Shopping Centers, U.S. Ltd. (Appellate Division of the Supreme Court of New York 1997)
- Hinkley v. City of New York (Appellate Division of the Supreme Court of New York 1997)
- Galindez v. City of New York (Appellate Division of the Supreme Court of New York 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The law is well settled that an abutting landowner will not be liable for injuries sustained by a pedestrian passing on a public sidewalk unless a statute or ordinance expressly obligates the landowner to maintain the sidewalk and imposes tort liability, or the landowner has created the defective condition or has caused it to arise as a result of his putting the sidewalk to a special use (see, Landau v Town of Ramapo, 207 AD2d 384; Mendoza v City of New York, 205 AD2d 741; Bloch v Potter, 204 AD2d 672). In the instant case, the appellant offered evidence that he had not done anything to create the alleged defective condition of the sidewalk which, according to the plaintiff’s bill of particulars and deposition, was the result of pressures exerted by the roots of a curbside tree (see, Gaboff v City of New York, 197 AD2d 560; Surowiec v City of New York, 139 AD2d 727). Accordingly, the appellant has demonstrated his entitlement to judgment as a matter of law. Mangano, P. J., Miller, Altman and Friedmann, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.