Carbone v. Pathrose
Cases that cite this one
3 later published cases cite this decision.
- Betances v. 700 West 176th St. Realty Corp. (Appellate Division of the Supreme Court of New York 1998)
- Redner v. 37 7th Avenue Tenants Corp. (Appellate Division of the Supreme Court of New York 1997)
- Bachman v. Town of North Hempstead (Appellate Division of the Supreme Court of New York 1997)
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
—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (DiNoto, J.), dated May 18, 1995, which denied their motion for summary judgment dismissing the complaint. Justice Bracken has been substituted for the late Justice Hart (see, 22 NYCRR 670.1 [c]).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
It is well settled that in the absence of an ordinance or statute imposing liability, an abutting landowner can only be held liable for a defect in a public sidewalk if the landowner created the defective condition or caused the defect to occur because of some special use (see, e.g., Gianna v Town of Islip, 230 AD2d 824; Figueroa v City of New York, 227 AD2d 373). The defendants established that they neither created the defective
Case-law data current through December 31, 2025. Source: CourtListener bulk data.