Karnikolas v Wengert

Karnikolas v Wengert 2011 NY Slip Op 01241 Decided on February 15, 2011 Appellate Division, Second 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 February 15, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
2010-04034
(Index No. 11624/08)

[*1]Ioanna Karnikolas, respondent,

v

Marie E. Wengert, etc., appellant.




Robert P. Tusa (Sweetbaum & Sweetbaum, Lake Success, N.Y.
[Marshall D. Sweetbaum], of counsel), for appellant.
Sacco & Fillas, LLP, Whitestone, N.Y. (Larry I. Badash of
counsel), for respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (McDonald, J.), entered March 3, 2010, which denied her motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court did not err in denying the defendant's motion for summary judgment dismissing the complaint. The defendant failed to establish her prima facie entitlement to judgment as a matter of law by demonstrating that she did not create the allegedly defective sidewalk condition, or negligently make repairs to the area of the sidewalk where the plaintiff fell (see Serano v New York City Hous. Auth., 66 AD3d 867; Nunez v City of New York, 41 AD3d 677; Immerman v City of New York, 22 AD3d 726; Berlinger v City of New York, 289 AD2d 188).
FLORIO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court