Opinion
April 1, 1991
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendant is severed.
It is well established that a landowner will not be liable to a pedestrian injured by a defect in a public sidewalk abutting the landowner's premises, unless the landowner created the defective condition, or caused the defect to occur because of some special use, or unless a statute or ordinance placed the obligation to maintain the sidewalk upon the landowner (see, Surowiec v. City of New York, 139 A.D.2d 727; Kaszovitz v. Weiszman, 110 A.D.2d 117; Lodato v. Town of Oyster Bay, 68 A.D.2d 904). In the case at bar, there was absolutely no evidence to show that the appellant either created the allegedly defective condition, or that it caused any defect to occur because of a special use, or was obligated by statute or ordinance to maintain the sidewalk. Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.