Opinion
Submitted June 14, 2000
August 30, 2000.
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated October 4, 1999, which denied its motion for summary judgment dismissing the complaint.
Robert P. Sweeney Associates, Uniondale, N.Y. (Keith E. Ford of counsel), for appellant.
O'Brien, McLaughlin Kenny, Lynbrook, N.Y. (Robert P. O'Brien of counsel), for respondents.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant failed to establish, prima facie, that no triable issue of fact exists as to whether the injured plaintiff tripped on a defective condition caused by its alleged special use of the sidewalk (see, Kaufman v. Silver, 90 N.Y.2d 204, 207; Azzara v. Revellese, 146 A.D.2d 592).