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BRYAN SCHWARTZ plf-ap, v. EMPIRE CITY SUBWAY COMPANY (LIMITED), def-res, VERIZON NEW YORK INC. def

10030. BRYAN SCHWARTZ plf-ap, v. EMPIRE CITY SUBWAY COMPANY (LIMITED), def-res, VERIZON NEW YORK INC. def — Wingate, Russotti, Shapiro & Halperin, LLP, New York (David M. Schwarz of counsel), for ap — Conway, Farrell, Curtin & Kelly P.C., New York (Darrell John of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered May 30, 2012, which granted defendant Empire City Subway Company's motion for summary judgment dismissing the complaint as against it, and denied plaintiffs' motion for summary judgment as to liability, unanimously affirmed, without costs.

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10030. BRYAN SCHWARTZ plf-ap, v. EMPIRE CITY SUBWAY COMPANY (LIMITED), def-res, VERIZON NEW YORK INC. def — Wingate, Russotti, Shapiro & Halperin, LLP, New York (David M. Schwarz of counsel), for ap — Conway, Farrell, Curtin & Kelly P.C., New York (Darrell John of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered May 30, 2012, which granted defendant Empire City Subway Company’s motion for summary judgment dismissing the complaint as against it, and denied plaintiffs’ motion for summary judgment as to liability, unanimously affirmed, without costs.

In this personal injury action, plaintiff Bryan Schwartz alleges that he slipped and fell on a slippery manhole cover. Defendant made a prima facie showing of its entitlement to judgment as a matter of law by submitting evidence of the lack of prior notice of any defective condition and its engineer’s affidavit attesting to the safe condition of the manhole cover (see Piacquadio v. Recine Realty Corp., 84 NY2d 967, 969 [1994]).

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