Opinion
570477/08.
Decided on January 22, 2009.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), entered September 18, 2007, which granted summary judgment dismissal to defendant Consolidated Edison Company of New York, Inc. and third-party defendant City Wide Asphalt Paving Company.
Order (Anil C. Singh, J.), entered September 18, 2007, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.
Defendant Con Edison and third-party defendant City Wide Asphalt Paving Co. made a prima facie showing of entitlement to judgment as a matter of law dismissing the complaint and third-party complaint as against them ( see Flores v City of New York, 29 AD3d 356). Defendants established that they did not perform any excavation or road work in the crosswalk on West 189th Street where plaintiff fell ( see Melcher v City of New York, 38 AD3d 376). Plaintiff's speculative assertions are insufficient to raise a triable issue as to whether her injuries resulted from the repair and excavation work done by these defendants many months before the incident at the nearby intersection, away from the location of plaintiff's fall as identified by plaintiff herself in photographs at her deposition. In the absence of any evidence connecting defendants' work to the situs of plaintiff's injury, these defendants are entitled to summary judgment ( see Robinson v City of New York, 18 AD3d 255).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.