Opinion
May 31, 1996
Appeal from the Supreme Court, Herkimer County, Parker, J.
Present — Green, J.P., Lawton, Wesley, Callahan and Boehm, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. It is undisputed that plaintiff's 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 plaintiff's injury ( see, Reid v. Auto Tune Ctrs., 202 A.D.2d 1047; Mackain v. Pratt, 182 A.D.2d 967, 968). Nor can defendant be held liable for plaintiff's injury by virtue of section 197-3 of the Code of the Village of Ilion ( see, Appio v. City of Albany, 144 A.D.2d 869, 870; Haney v. First Natl. Stores, 31 A.D.2d 547, 548).