Opinion
03-12-2024
Elizabeth ORTIZ, Plaintiff–Respondent, v. The CITY OF NEW YORK et al., Defendants–Respondents, New York City Housing Authority, Defendant–Appellant, University Neighborhood Housing Program Inc. et al., Defendants.
Herzfeld & Rubin, P.O., New York (Miriam Skolnik of counsel), for appellant.
Herzfeld & Rubin, P.O., New York (Miriam Skolnik of counsel), for appellant.
Manzanet–Daniels, J.P., Moulton, Scarpulla, Pitt–Burke, O’Neill Levy, JJ.
Order, Supreme Court, Bronx County (Mitchell J. Danzinger, J.), entered on or about February 8, 2023, which denied the motion of defendant New York City Housing Authority (NYCHA) to dismiss the complaint as against it under CPLR 3211(a)(1) and (a)(7), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Plaintiff commenced this action against defendants for injuries she sustained in June 2021 she when she allegedly tripped and fell on the sidewalk in front of 263 East Tremont Avenue in the Bronx. However, the documents submitted on NYCHA’s motion "conclusively refute[ ] the allegations that it had any role in the ownership, control, or maintenance of the … premises where plaintiff was allegedly injured" (Philanthrope v. Papa John's Pizza, 191 A.D.3d 563, 563, 138 N.Y.S.3d 856 [1st Dept. 2021]; see also CPLR 3211[a][1]; Forbes v. Aaron, 81 A.D.3d 876, 877, 918 N.Y.S.2d 118 [2d Dept. 2011]). Records of the New York City Department of Finance show that NYCHA did not own 263 East Tremont Avenue, and thus, it had no duty to maintain the adjacent sidewalk where plaintiff was injured. Among those documents is a recorded deed showing that defendant Wilton Housing Development Fund Corporation, not NYCHA, was the owner of 263 East Tremont Avenue. NYCHA also presented the City of New York Department of Environmental Protection’s registration form for water and sewer billing, dated June 13, 2016, which also listed Wilton as the owner of the building.