Opinion
January 14, 1993
Appeal from the Supreme Court, New York County (Eugene L. Nardelli, J.).
There are material issues of fact with respect to the control or special use of the sidewalk where plaintiff slipped and fell. Even absent evidence that defendant hotel repaired the walk-way or curb in question, issues of fact exist, which include whether the part of the sidewalk where the accident occurred was constructed or used exclusively to benefit the hotel, to the extent that a duty arose to maintain it in a reasonably safe condition by virtue of a special use or benefit (see, Nickelsburg v. City of New York, 263 App. Div. 625, 626; Balsam v Delma Eng'g Corp., 139 A.D.2d 292, 298-299, lv denied in part and dismissed in part 73 N.Y.2d 783).
Concur — Sullivan, J.P., Milonas, Ellerin and Wallach, JJ.