Summary
In Foley, the Court found that plaintiff did not establish that the defective condition in the sidewalk where she fell was created by defendant's negligent work as opposed to the normal elements and passage of time.
Summary of this case from Hope v. CBS Corp.Opinion
November 10, 1986
Appeal from the Supreme Court, Queens County (Hyman, J.).
Ordered that the judgment is affirmed, with costs.
Viewed in its most favorable light, the plaintiffs' proof failed to establish that the defective condition in the sidewalk upon which the plaintiff Joan Foley fell was created by the defendants' negligent repair work as opposed to the normal elements and passage of time (see, e.g., Mandel v City of New York, 44 N.Y.2d 1004; Kaszovitz v Weiszman, 110 A.D.2d 117, 121). Therefore, the complaint was properly dismissed. Mollen, P.J., Mangano, Niehoff and Weinstein, JJ., concur.