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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46098 Judge Sweeney PLAINTIFF WAS injured after falling on a sidewalk. Photographic evidence of the sidewalk, constructed from irregularly shaped stones embedded in concrete, depicted holes, depressions and other areas which a jury could find rendered it unsafe. Although defendant abutting property owner had recently purchased the property and neither installed, repaired nor worked on the sidewalk, co-defendant City argued that the sidewalk was a “decorative special use” imposing a duty that the property owner maintain the sidewalk in a reasonably safe condition. The court summarily dismissed the complaint against the property owner. Distinguishing Gage v. City of New York, the court, citing Poirier v. City of Schenectady, found no evidence establishing that the property owner, or any prior owner, derived a special, unique benefit from the sidewalk not conferred on the public at large. Thus, the sidewalk was not a “special use” imposing a duty on the property owner to keep it in a safe condition.

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