Justice Kathryn Freed
City of New York moved for dismissal of third-party plaintiff’s complaint against it or for summary judgment dismissing the third-party complaint. Plaintiff sought to recover monetary compensation for personal injuries she allegedly sustained when she tripped and fell on the sidewalk adjacent to 152 W. 141st Street. The city alleged that it was obvious from plaintiff’s own testimony, including documents and photographs, that she fell due to an alleged defect located on the sidewalk, not the street, curb or tree-well. As such, the city contended that under Administrative Code §7-210 it was not liable for plaintiff’s alleged injuries as that section shifted liability for injuries arising from a defective sidewalk condition from the city to the owner of the real property abutting the sidewalk. The court agreed, finding as documents revealed the city was not the owner of the property, and did not have prior written notice of the subject defective condition, which it neither caused nor created, the city submitted prima facie proof that was not rebutted. Also, documentary evidence showed the property did not fall within any of the exceptions under §7-210. Thus, the city’s motion for summary judgment dismissal was granted.
