Opinion
2001-08678
Argued October 28, 2002.
November 12, 2002.
In an action to recover damages for personal injuries, the defendant Suman Dhary appeals from an order of the Supreme Court, Queens County (Flug, J.), dated July 16, 2001, as amended by an order of the same court, dated November 21, 2001, which denied her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her.
Lewis, Johs, Avallone, Aviles Kaufman, LLP, Melville, N.Y. (Ann K. Kandel and Karen Hutson of counsel), for appellant.
Abramson Keller, Woodside, N.Y. (Mark J. Keller of counsel), for plaintiff-respondent.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F. X. Hart and Tahirih M. Sadrieh of counsel), for defendant-respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order, as amended, is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
The appellant demonstrated her prima facie entitlement to summary judgment by establishing that she made no repairs to the sidewalk abutting her home prior to the time, and in the area where, the plaintiff allegedly fell and sustained injuries (see Perriconi v. St. John's Preparatory High School, 290 A.D.2d 546; Surowiec v. City of New York, 139 A.D.2d 727). In opposition, the plaintiff and the codefendant City of New York failed to raise a triable issue of fact to defeat the appellant's prima facie showing (see Ribacoff v. City of Mount Vernon, 251 A.D.2d 482; Palazzo v. City of New Rochelle, 236 A.D.2d 528). Accordingly, the Supreme Court should have granted the appellant's motion.
FLORIO, J.P., S. MILLER, ADAMS and CRANE, JJ., concur.