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EDWIN LEBRON, plf-ap, v. THE CITY OF NEW YORK, def, BRONX LEBANON MEDICAL CENTER, def-res

2262. EDWIN LEBRON, plf-ap, v. THE CITY OF NEW YORK, def, BRONX LEBANON MEDICAL CENTER, def-res — Law Office of Stephen B. Kaufman, P.C., Bronx (John V. Decolator of counsel), for ap — Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Deirdre E. Tracey of counsel), for res — Order, Supreme Court, Bronx County (Ruben Franco, J.), entered on or about March 24, 2016, which granted defendant Bronx Lebanon's motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

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2262. EDWIN LEBRON, plf-ap, v. THE CITY OF NEW YORK, def, BRONX LEBANON MEDICAL CENTER, def-res — Law Office of Stephen B. Kaufman, P.C., Bronx (John V. Decolator of counsel), for ap — Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Deirdre E. Tracey of counsel), for res — Order, Supreme Court, Bronx County (Ruben Franco, J.), entered on or about March 24, 2016, which granted defendant Bronx Lebanon’s motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.

Although a landowner is responsible for maintaining abutting sidewalks (see Administrative Code of City of NY §7-210), it is not responsible for the curbs or ramps (see Gary v. 101 Owners Corp., 89 AD3d 627 [1st Dept 2011]; Administrative Code §19-101[d]), unless a defect thereon was created by the landowner or occurred because of a special use (see Trent-Clark v. City of New York, 114 AD3d 558 [1st Dept 2014]). The duty to maintain an area of special use is not dependent on a finding that the landowner actually installed or repaired the area, only that it derived the special benefit (see Karr v. New York, 161 AD2d 449 [1st Dept 1990]).

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