Opinion
2011-10-4
Denise SCHULMAN, Plaintiff–Respondent,v.34TH STREET PARTNERSHIP, INC., Defendant–Appellant.
Hoey, King, Epstein, Prezioso & Marquez, New York (Gregory Walthall of counsel), for appellant.Peña & Kahn PLLC, Bronx (Diane Welch Bando of counsel), for respondent.
Order, Supreme Court, Bronx County (John A. Barone, J.), entered January 3, 2011, which, in this action for personal injuries allegedly sustained when plaintiff tripped and fell due to a height differential in the sidewalk, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
*439 Defendant failed to establish its entitlement to judgment as a matter of law. The evidence, including that several years earlier defendant, as part of a business improvement district project, had the granite cornerstones installed on the sidewalk where plaintiff fell, was insufficient to show that defendant did not cause or create the dangerous and defective condition existing at the time of the accident ( see Lebron v. Napa Realty Corp., 65 A.D.3d 436, 884 N.Y.S.2d 37 [2009] ).
We have considered defendant's remaining contentions and find them unavailing.
ANDRIAS, J.P., FRIEDMAN, RENWICK, RICHTER, MANZANET–DANIELS, JJ., concur.