Opinion
2019-12224 Index 7682/15
09-22-2021
Juan Santiago, plaintiff-respondent, v. City of New York, defendant-respondent, et al., defendants, 28 Graham Avenue, LLC, et al., appellants.
Ryan & Conlon, LLP, New York, NY (Christopher M. Carfora of counsel), for appellants. Katz & Kern, LLP, New York, NY (Chet W. Kern of counsel), for plaintiff-respondent. Georgia M. Pestana, Corporation Counsel, New York, NY (Jane L. Gordon and Janet L. Zaleon of counsel), for defendant-respondent.
Ryan & Conlon, LLP, New York, NY (Christopher M. Carfora of counsel), for appellants.
Katz & Kern, LLP, New York, NY (Chet W. Kern of counsel), for plaintiff-respondent.
Georgia M. Pestana, Corporation Counsel, New York, NY (Jane L. Gordon and Janet L. Zaleon of counsel), for defendant-respondent.
WILLIAM F. MASTRO, J.P. COLLEEN D. DUFFY VALERIE BRATHWAITE NELSON LARA J. GENOVESI, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendants 28 Graham Avenue, LLC, and Misrahi Realty Corp. appeal from an order of the Supreme Court, Kings County (Katherine A. Levine, J.), dated September 6, 2019. The order, insofar as appealed from, denied their motion for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
On September 7, 2014, the plaintiff allegedly tripped and fell on a hole in a sidewalk abutting premises in Brooklyn owned by the defendant 28 Graham Avenue, LLC, and managed by the defendant Misrahi Realty Corp. (hereinafter together the Graham defendants). The plaintiff commenced this personal injury action against, among others, the Graham defendants. The Graham defendants subsequently moved for summary judgment dismissing the complaint insofar as asserted against them, contending that the hole was located in the pedestrian ramp rather than the abutting sidewalk, and that they were not responsible for the ramp and the plaintiff's injuries. The Supreme Court denied the motion. The Graham defendants appeal.
"Administrative Code of the City of New York § 7-210, which became effective September 14, 2003, shifted tort liability for injuries arising from a defective sidewalk from the City of New York to the abutting property owner" (Pevzner v 1397 E. 2nd, LLC, 96 A.D.3d 921, 922; see Vucetovic v Epsom Downs, Inc., 10 N.Y.3d 517). "However, pedestrian ramps are not part of the sidewalk for the purpose of imposing liability on abutting landowners pursuant to that provision" (Vidakovic v City of New York, 84 A.D.3d 1357, 1358; see Stanziale v City of New York, 123 A.D.3d 904, 905; Rodriguez v Themelion Realty Corp., 94 A.D.3d 733).
Here, the Graham defendants failed to submit evidence sufficient to establish their prima facie entitlement to judgment as a matter of law on the ground that the hole at issue was located within a pedestrian ramp, and therefore, that they had no duty to maintain the area pursuant to Administrative Code of the City of New York § 7-210 (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 852). Since the Graham defendants failed to meet their initial burden, the Supreme Court properly denied their motion without regard to the sufficiency of the opposition papers (see id. at 853).
MASTRO, J.P., DUFFY, BRATHWAITE NELSON and GENOVESI, JJ., concur.