Opinion
2003-02266.
Decided January 20, 2004.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Vaughan, J.), entered December 5, 2002, which, upon the granting of the defendants' motion pursuant to CPLR 4404 to set aside a jury verdict in her favor and for judgment as a matter of law, dismissed the complaint.
Annette G. Hasapidis, P.C., South Salem, N.Y., for appellant.
Michael E. Pressman, New York, N.Y., for respondents.
Before: STEPHEN G. CRANE and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The plaintiff allegedly sustained personal injuries when she tripped and fell in a hole in the roadway at the foot of a driveway leading to the defendants' parking garage. The jury returned a verdict in favor of the plaintiff, finding the defendants were negligent in not keeping their premises in a reasonably safe condition, and that such negligence was a substantial factor in bringing about the accident. The Supreme Court granted the defendants' motion pursuant to CPLR 4404 to set aside the verdict and for judgment as a matter of law, and entered a judgment dismissing the complaint.
There was no evidence to support the plaintiff's contention that the driveway constituted a special use of the public roadway by the defendants that caused the defect at issue ( see Nixdorf v. East Islip School Dist., 276 A.D.2d 759, 760; Simonds v. City of New York, 276 A.D.2d 478, 479; Achkhanian v. Town of Oyster Bay, 262 A.D.2d 510). Accordingly, the Supreme Court properly determined that, as a matter of law, the defendants were not at fault in the happening of the accident.
The plaintiff's remaining contentions are without merit.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.