Opinion
3606, 100477/12.
04-20-2017
Jose DELGADO, Plaintiff–Respondent, v. 5008 BROADWAY ASSOCIATES, LLC, Defendant–Appellant, C&H Hamlet Bar Ltd. doing business as Irish Eyes, Defendant.
Gannon, Rosenfarb & Drossman, New York (Peter J. Gannon of counsel), for appellant. Glenn H. Shore, P.C., New York (Bryan Goldstein of counsel), for respondent.
Gannon, Rosenfarb & Drossman, New York (Peter J. Gannon of counsel), for appellant.
Glenn H. Shore, P.C., New York (Bryan Goldstein of counsel), for respondent.
Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered on or about January 20, 2016, which, to the extent appealed from, denied the motion of defendant 5008 Broadway Associates, LLC (5008 Broadway) for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
The motion court properly found that 5008 Broadway failed to meet its prima facie burden of showing that it bore no liability for plaintiff's fall over a defect in the area of the public sidewalk abutting its property (see Administrative Code of City of N.Y. § 7–210). The photographic and testimonial evidence submitted failed to clarify whether the defect lay entirely within the pedestrian ramp, which is the City's responsibility, or on the sidewalk flag, which is 5008 Broadway's responsibility (see Puello v. Georges Units, LLC, 146 A.D.3d 561, 46 N.Y.S.3d 28 [1st Dept.2017] ; Gary v. 101 Owners Corp., 89 A.D.3d 627, 934 N.Y.S.2d 13 [1st Dept.2011] ). The evidence also did not eliminate the possibility that 5008 Broadway's failure to maintain the sidewalk proximately caused plaintiff's injuries by leaving a tripping hazard between the sidewalk and the pedestrian ramp (see Sangaray v. West Riv. Assoc., LLC, 26 N.Y.3d 793, 799–800, 28 N.Y.S.3d 652, 48 N.E.3d 933 [2016] ).
ACOSTA, J.P., RICHTER, ANDRIAS, KAHN, GESMER, JJ., concur.