DELGADO v. 5008 BROADWAY ASSOC., LLC

3606, 100477/12.

149 A.D.3d 583 (2017)

2017 NY Slip Op 03055

50 N.Y.S.3d 282

JOSE DELGADO, Respondent, v. 5008 BROADWAY ASSOCIATES, LLC, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 20, 2017.


The motion court properly found that 5008 Broadway failed to meet its prima facie burden of showing that it bore no liability for plaintiff's fall over a defect in the area of the public sidewalk abutting its property (see Administrative Code of City of NY § 7-210). The photographic and testimonial evidence submitted failed to clarify whether the defect lay entirely within the pedestrian ramp, which is the City's responsibility, or on the sidewalk flag, which...

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