Cohen v City of New York

Cohen v City of New York 2012 NY Slip Op 08265 Decided on December 4, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 4, 2012
Saxe, J.P., Friedman, Acosta, Renwick, Freedman, JJ.
8705 118228/06

[*1]Lillian Cohen, Plaintiff-Appellant, The

v

City of New York, Defendant-Respondent.




William M. Ezersky, Kew Gardens, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Lisa A.
Giunta of counsel), for respondent.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered June 3, 2010, which, in an action for personal injuries sustained when plaintiff tripped and fell over a raised sidewalk, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In support of its motion for summary judgment, the City submitted evidence demonstrating that it does not own the property abutting the sidewalk where plaintiff alleges she fell, and that the abutting property was an educational structure owned by the Dormitory Authority of the State of New York, and not an owner-occupied residential property with three or fewer units. The City thus established its absence of liability pursuant to
Administrative Code § 7-210 (b) and (c) (see generally Vucetovic v Epsom Downs, Inc., 10 NY3d 517, 521 [2008]). In opposition, plaintiff submitted no evidence or argument sufficient to raise a triable issue of fact.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 4, 2012

CLERK