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DO ESPIRITO SANTO v. NYC

185 Misc.2d 517 (2000)

716 N.Y.S.2d 549

JACQUELINE Do ESPIRITO SANTO, Respondent, v. CITY OF NEW YORK et al., Respondents, and NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND, Appellant.

Supreme Court, Appellate Term, First Department.

June 16, 2000.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson (Joseph A. Oliva of counsel), for appellant.

Michael D. Hess, Corporation Counsel (Larry A. Sonnenshein and Kathleen Alberton of counsel), for City of New York and another, respondents.

PARNESS, P. J., McCooE and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order entered June 14, 1999 reversed, with $10 costs, motion granted, and complaint dismissed. The clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

The hazard to which plaintiff attributes her fall and injury, an uneven and "uplift[ed]" exterior step on premises owned by defendant-appellant, is not alleged or shown...

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