Belmonte v. City of New York

Full title: MARIE BELMONTE et al., Appellants, v. CITY OF NEW YORK et al., Defendants…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 3, 1992

180 A.D.2d 617 (N.Y. App. Div. 1992)

580 N.Y.S.2d 326

Opinion

February 3, 1992.

Appeal from the Supreme Court, Kings County (Bernstein, J.).

Ordered that the order is affirmed, with costs.

The record demonstrates that the injured plaintiff fell on a public sidewalk in front of the defendant Jerry Agrusa's business. There is no evidence that Agrusa made any special use of the area in which the injured plaintiff fell, or otherwise caused or created the alleged sidewalk defect. Consequently, the Supreme Court properly dismissed the complaint insofar as asserted against Agrusa (see, e.g., Little v. City of Albany, 169 A.D.2d 1013; Giammarino v. Angelo's Royal Pastry Shop, 168 A.D.2d 423; Sheehan v. Rubenstein, 154 A.D.2d 663). Mangano, P.J., Sullivan, Balletta and Ritter, JJ., concur.