Betances v. 700 West 176th St. Realty Corp.

Full title: YOMARA BETANCES, Appellant, v. 700 WEST 176TH ST. REALTY CORP. et al.…

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

Date published: May 21, 1998

250 A.D.2d 504 (N.Y. App. Div. 1998)

672 N.Y.S.2d 881

Opinion

May 21, 1998

Appeal from the Supreme Court, Bronx County (Lucindo Suarez, J.).

We agree with the motion court that plaintiff failed to adduce any evidence tending to show that her path was directed toward the hole in the sidewalk because of the clothing rack allegedly placed on the sidewalk by defendant lessee, and that her claim based on a special use of the sidewalk is therefore without merit ( compare, Curtis v. City of New York, 179 A.D.2d 432, lv denied 80 N.Y.2d 753, with MacLeod v. Pete's Tavern, 87 N.Y.2d 912). We also agree with the motion court that plaintiff failed to adduce evidence sufficient to raise an issue of fact as to whether defendants ever undertook to repair the alleged hole, and that her claim for negligent repair is therefore without merit ( see, Palazzo v. City of New Rochelle, 236 A.D.2d 528, 529; Carbone v. Pathrose, 236 A.D.2d 352).

Concur — Rosenberger, J.P., Wallach, Tom and Saxe, JJ.