Opinion
11-22-2016
Edwin LEBRON, Plaintiff–Appellant, v. The CITY OF NEW YORK, Defendant, Bronx Lebanon Medical Center, Defendant–Respondent.
Law Office of Stephen B. Kaufman, P.C., Bronx (John V. Decolator of counsel), for appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Deirdre E. Tracey of counsel), for respondent.
Law Office of Stephen B. Kaufman, P.C., Bronx (John V. Decolator of counsel), for appellant.
Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Deirdre E. Tracey of counsel), for respondent.
Order, Supreme Court, Bronx County (Ruben Franco, J.), entered on or about March 24, 2016, which granted defendant Bronx Lebanon's motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.
Although a landowner is responsible for maintaining abutting sidewalks (see Administrative Code of City of N.Y. § 7–210), it is not responsible for the curbs or ramps (see Gary v. 101 Owners Corp., 89 A.D.3d 627, 934 N.Y.S.2d 13 [1st Dept.2011] ; Administrative Code § 19–101[d] ), unless a defect thereon was created by the landowner or occurred because of a special use (see Trent–Clark v. City of New York, 114 A.D.3d 558, 980 N.Y.S.2d 458 [1st Dept.2014] ). The duty to maintain an area of special use is not dependent on a finding that the landowner actually installed or repaired the area, only that it derived the special benefit (see Karr v. New York, 161 A.D.2d 449, 555 N.Y.S.2d 734 [1st Dept.1990] ).
The court properly concluded that Bronx Lebanon did not derive a special benefit from the curb cut and handicapped ramp area where plaintiff fell because the area was accessible and used by the general public, and there was no evidence that the curb cut and ramp were installed by Bronx Lebanon or its predecessor or at its behest (see Trent–Clark, 114 A.D.3d at 558–559, 980 N.Y.S.2d 458 ).
MAZZARELLI, J.P., SWEENY, ANDRIAS, WEBBER, GESMER, JJ., concur.