D'Ambrosio v. City of New York

New York Court of Appeals · Decided 1982-04-06

Cited by 164 later decision(s) in our corpus · see the citation network in Lexace

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OPINION OF THE COURT Gabrielli, J. The issue on this appeal is the effect of our decision in Dole v Dow Chem. Co. (30 NY2d 143) on the so-called “special benefit” rule. This rule allows a municipality, charged with the duty of maintaining its sidewalks in a reasonably safe condition, to shift liability to the abutting landowner, where the cause of plaintiff’s injuries is the failure of the landowner…

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