[DOWNLOAD] "Diane M. Dambrosio v. City New York" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Diane M. Dambrosio v. City New York
- Author : Court of Appeals of New York
- Release Date : January 06, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The issue on this appeal is the effect of our decision in Dole v Dow Chem. Co. (30 N.Y.2d 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 plaintiffs injuries is the failure of the landowner to reasonably maintain a sidewalk installation constructed for the special use and benefit of his property. We hold today that the "special benefit" rule is no longer available to shift entirely such liability to the landowner; rather, the liability is to be apportioned between