The following e-filed documents, listed by NYSCEF document number (Motion 002) 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 were read on this motion to/for JUDGMENT — SUMMARY. The following e-filed documents, listed by NYSCEF document number (Motion 003) 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86 were read on this motion to/for JUDGMENT — SUMMARY. DECISION + ORDER ON MOTION In this personal injury action, plaintiff, Deborah Katz, alleges that she sustained injuries after she tripped and fell due to missing brick pavers in front of 23 Wall Street in New York City. Plaintiff maintains that the area where plaintiff tripped and fell is a “sidewalk” for the purposes of Section 7-210 of the Administrative Code of the City of New York (“Section 7-210″) (Motion Seq. No. 002). Defendants, CS Wall Street LLC, 15 Broad Street, LLC and FirstService Residential New York, Inc. (collectively, “defendants”) move for summary judgment, pursuant to CPLR 3212, on the grounds that the location where plaintiff fell is neither within the property lines that constitute 23 Wall Street, nor did the accident occur on the sidewalk abutting defendants’ property pursuant to Section 7-210 (Motion Seq. No. 003). BACKGROUND On September 3, 2018, plaintiff tripped and fell in front of 23 Wall Street, in New York County (“the accident location”). Wall Street at its intersection with Broad Street, near the New York Stock Exchange, has been closed to general vehicular traffic since 9/11. Plaintiff testified that when she was walking on the paved sidewalk in front of 23 Wall Street, she stepped onto the cobblestone street/roadway, and tripped and fell due to four missing brick pavers. The pavers measured approximately 6 inches by 6 inches in length and width, and one to three inches in depth (plaintiff’s deposition, NYSCEF Doc No.31 at 63-64). Defendant CS Wall Street, LLC is the owner of the commercial space that is part of the Downtown Condominium located at 23 Wall Street (defendants’ statement of material facts, NYSCEF Doc. No. 63 2). Defendant, 15 Broad Street, LLC, is the sponsor entity that converted the ownership of the private property into condominium units, known as the Downtown Condominium (id. 1). Defendant FirstService Residential New York, Inc. (FirstService Residential) is the management company for 15 Broad Street (Foxworth deposition, NYSCEF Doc No. 71 at 9). Angel Carregal (Carregal), the resident manager of Downtown Condominium, testified on behalf of defendant 15 Broad Street, LLC (“15 Broad Street”). Carregal explained that 15 Broad Street was the sponsor corporation that converted the property into a condominium, known as Downtown Condominium, in 2006 (Carregal deposition, NYSCEF Doc No. 69 at 9-11). Carregal testified that 15 Broad Street and CS Wall Street, LLC (“CS Wall St”) are responsible for the maintenance of the sidewalk in front of the building, up to the curb (id. at 25-26, 51). Carregal further testified that vehicles are permitted to drive on Wall Street after they proceed through a checkpoint (id. at 28-29, 31-32) and that he sees pedestrians walk on the brick pavement daily, including Wall Street (id. at 34). Carregal does not know what entity controls the checkpoint (id. at 34). It was Carregal’s understanding that the location where plaintiff fell is owned by The City of New York, because the City cleans and performs snow removal of the brick pavement at that location (id. at 53-54). Sal Ariganello (Ariganello) testified on behalf of defendant CS Wall Street. Ariganello testified that he was the managing director for Cushman & Wakefield, a property management firm that was responsible for CS Wall Street, located at 23 Wall Street (Ariganello deposition, NYSCEF Doc. No. 70 at 9). Ariganello stated that vehicles with special permission are allowed access to drive on the street in front of 23 Wall Street but that pedestrians also walk along the same street (id. at 29-30). Bethany Foxworth (Foxworth) testified on behalf of FirstService Residential. Foxworth testified that FirstService is a property management company for residential properties and that it managed the residential portion of the Downtown Condominium, during the applicable period (NYSCEF Doc. No. 71 at 9-10). Foxworth testified that there are two separate security checkpoints that a vehicle may pass through before driving on the cobblestone where plaintiff’s accident occurred (id. at 19-21). One checkpoint is located on Broad Street and the other on Wall Street (id. at 20). The security checkpoint is policed by persons in uniform, but she is unsure by which entity or agency (id. at 11-13). Foxworth also testified that pedestrians walk on the cobblestone daily (id. at 22-23). The defendants retained Saeid Jalilvand, L.S., C.S. (Jalivand) of Montrose Surveying Co., LLC to perform a visual inspection and survey of the premises located at Tax Lot 7501, Tax Block 26, also known as 23 Wall Street, New York, New York (Jalilvand aff, NYSCEF Doc No. 72, p. 11 2). Jalilvand opined that the accident location was outside the boundary of 23 Wall Street and was outside of the sidewalk abutting the property. Jalilvand stated that the accident location was “’4 feet 5 inches northwest from the perpendicular prolongation of the vertical property line; and 10 feet 8 inches north from the perpendicular prolongation of the horizontal property line’…and therefore, not within the statutory obligation(s) imposed by New York City Owners and Tenants to maintain, control and/or repair” (id.
