Opinion
April 12, 1999
Appeal from the Supreme Court, Kings County (Steinhardt, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint, cross claims, and counterclaims of the third-party defendant are dismissed insofar as asserted against the defendant third-party plaintiff New York City Housing Authority, and the action against the remaining defendants is severed.
In moving for summary judgment, the appellant met its initial burden of demonstrating that it lacked actual or constructive notice of an alleged defect located on a sidewalk owned or maintained by it ( see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; see also, Gordon v. American Museum of Natural History, 67 N.Y.2d 836). In opposing the motion, the plaintiffs failed to establish the existence of material questions of fact with respect to the appellant's actual or constructive notice of the defect ( see, Gordon v. American Museum of Natural History, 67 N.Y.2d 836, 837, supra; Saks v. Yeshiva of Spring Val., 257 A.D.2d 615; Gutierrez v. Cohen, 227 A.D.2d 447). Under these circumstances, the appellant's motion for summary judgment should have been granted.
Santucci, J. P., Sullivan, Florio and McGinity, JJ., concur.