Hughes v. City of New York

Full title: FAYE HUGHES, Appellant, v. CITY OF NEW YORK, Defendant, and PATRICK J…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 11, 1994

208 A.D.2d 593 (N.Y. App. Div. 1994)

618 N.Y.S.2d 241

Opinion

October 11, 1994

Appeal from the Supreme Court, Queens County (Price J.).

Ordered that the order is affirmed, with costs.

The plaintiff alleges that she fell on a defective sidewalk adjacent to the respondents' property. However, she failed to demonstrate that the respondents caused or created the alleged defect, or that the respondents are otherwise liable to her for the accident (see, Ishkanian v. City of Troy, 175 A.D.2d 464). Consequently, the Supreme Court properly dismissed the complaint insofar as it is asserted against the respondents (see, Belmonte v. City of New York, 180 A.D.2d 617; Surowiec v. City of New York, 139 A.D.2d 727). Miller, J.P., Joy, Altman and Goldstein, JJ., concur.