Singer v. City of New York

Full title: VALDA P. SINGER, Plaintiff, v. CITY OF NEW YORK, Defendant, and PETRACCA…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 20, 1996

224 A.D.2d 606 (N.Y. App. Div. 1996)

639 N.Y.S.2d 701

Opinion

February 20, 1996

Appeal from the Supreme Court, Kings County (Jackson, J.).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the fourth-party complaint is dismissed.

The plaintiff was injured when she fell in a hole in the sidewalk adjacent to property owned by the fourth-party defendants. There is no evidence that the fourth-party defendants made special use of the sidewalk or that they caused or created the defective condition. Consequently, the Supreme Court erred in denying their motion for summary judgment ( see, Gaboff v. City of New York, 197 A.D.2d 560). Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.