Opinion
9905 Index 158576/14
10-08-2019
Lynne HARVEY, Plaintiff–Appellant, v. HENRY 85 LLC, Defendant–Respondent, 4G Data Systems, Inc., et al., Defendants.
Sullivan Papain Block McGrath & Cannavo P.C., New York (Christopher J. DelliCarpini, Washington, of counsel), for appellant. Mauro Lilling Naparty LLP, Woodbury (Jennifer B. Ettenger of counsel), for respondent.
Sullivan Papain Block McGrath & Cannavo P.C., New York (Christopher J. DelliCarpini, Washington, of counsel), for appellant.
Mauro Lilling Naparty LLP, Woodbury (Jennifer B. Ettenger of counsel), for respondent.
Acosta, P.J., Manzanet–Daniels, Mazzarelli, Webber, Moulton, JJ.
Order, Supreme Court, New York County (Shlomo Hagler, J.), entered October 17, 2018, which granted the motion of defendant Henry 85 LLC for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion denied.
Defendant failed to establish its entitlement to judgment as a matter of law in this action where plaintiff was injured when she tripped and fell on a defective condition in a sidewalk pedestrian handicap ramp in the sidewalk adjacent to defendant's premises. Although a landowner is responsible for maintaining abutting sidewalks (see Administrative Code of City of N.Y. § 7–210), it is not responsible for maintaining pedestrian ramps unless it created the defect or the ramp was constructed for its special use (see Gary v. 101 Owners Corp., 89 A.D.3d 627, 934 N.Y.S.2d 13 [1st Dept. 2011] ).
Here, defendant failed to meet its initial burden of demonstrating that it did not create the defective condition. In relying on the deposition testimony of the building's superintendent, defendant only pointed to the gaps in plaintiff's proof instead of carrying its own burden on the motion (see e.g. Torres v. Merrill Lynch Purch., 95 A.D.3d 741, 742, 945 N.Y.S.2d 78 [1st Dept. 2012] ; Bryan v. 250 Church Assoc., LLC, 60 A.D.3d 578, 876 N.Y.S.2d 38 [1st Dept. 2009] ).