O'Shea v. Ilion Main Street Corp.

Appellate Division of the Supreme Court of New York

O'Shea v. Ilion Main Street Corp.

227 A.D.2d 989, 643 N.Y.S.2d 447

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 31, 1996

StatusPublished

This text of 227 A.D.2d 989 (O'Shea v. Ilion Main Street Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Shea v. Ilion Main Street Corp., 227 A.D.2d 989, 643 N.Y.S.2d 447 (N.Y. Ct. App. 1996).

Pincite

Opinion

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. It is undisputed that plaintiffs injury occurred on a brick walkway owned by the Village of Ilion. Liability may not be imposed upon defendant, as the abutting owner, for the allegedly defective condition of the walkway in the absence of proof that defendant created the condition or used the walkway for a special purpose that resulted in plaintiffs injury (see, Reid v Auto Tune Ctrs., 202 AD2d 1047; Mackain v Pratt, 182 AD2d 967, 968). Nor can defendant be held liable for plaintiffs injury by virtue of section 197-3 of the Code of the Village of Ilion (see, Appio v City of Albany, 144 AD2d 869, 870; Haney v First Natl. Stores, 31 AD2d 547, 548). (Appeal from Judgment of Supreme Court, Herkimer County, Parker, J. — Summary Judgment.) Present — Green, J. P., Law-ton, Wesley, Callahan and Boehm, JJ.

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Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. It is undisputed that plaintiffs injury occurred on a brick walkway owned by the Village of Ilion. Liability may not be imposed upon defendant, as the abutting owner, for the allegedly defective condition of the walkway in the absence of proof that defendant created the condition or used the walkway for a special purpose that resulted in plaintiffs injury (see, Reid v Auto Tune Ctrs., 202 AD2d 1047; Mackain v Pratt, 182 AD2d 967, 968). Nor can defendant be held liable for plaintiffs injury by virtue of section 197-3 of the Code of the Village of Ilion (see, Appio v City of Albany, 144 AD2d 869, 870; Haney v First Natl. Stores, 31 AD2d 547, 548). (Appeal from Judgment of Supreme Court, Herkimer County, Parker, J. — Summary Judgment.) Present — Green, J. P., Law-ton, Wesley, Callahan and Boehm, JJ.

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Bluebook (online)

227 A.D.2d 989, 643 N.Y.S.2d 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oshea-v-ilion-main-street-corp-nyappdiv-1996.

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