Opinion
01-18-2017
Rogelio WILLIAMS, respondent, v. Johanna CASTRONOVO, appellant.
Gannon, Rosenfarb & Drossman, New York, N.Y. (Lisa L. Gokhulsingh of counsel), for appellant. Antin, Ehrlich & Epstein, LLP, New York, N.Y. (Michael Peters of counsel), for respondent.
Gannon, Rosenfarb & Drossman, New York, N.Y. (Lisa L. Gokhulsingh of counsel), for appellant.
Antin, Ehrlich & Epstein, LLP, New York, N.Y. (Michael Peters of counsel), for respondent.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Rothenberg, J.), dated April 29, 2016, which denied her motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.
"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, 947 N.Y.S.2d 543 ; see Vucetovic v. Epsom Downs, Inc., 10 N.Y.3d 517, 520, 860 N.Y.S.2d 429, 890 N.E.2d 191 ; Stoloyvitskaya v. Dennis Boardwalk, LLC, 101 A.D.3d 1106, 956 N.Y.S.2d 525 ; Fusco v. City of New York, 71 A.D.3d 1083, 1084, 900 N.Y.S.2d 81 ). Section 7–210 directs landowners to maintain their abutting sidewalks in a "reasonably safe condition" (Administrative Code § 7–210[a]; see Sangaray v. West Riv. Assoc., LLC, 26 N.Y.3d 793, 28 N.Y.S.3d 652, 48 N.E.3d 933 ).Here, the defendant owner established, prima facie, that she maintained the area of the sidewalk where the plaintiff's accident occurred in a reasonably safe condition (see Administrative Code §§ 7–210, 19–152; Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572 ). In opposition, the plaintiff failed to raise a triable issue of fact.
Accordingly, the Supreme Court should have granted the defendant's motion for summary judgment dismissing the complaint.
RIVERA, J.P., CHAMBERS, ROMAN and BRATHWAITE NELSON, JJ., concur.