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RANDAZZO v. 580 SUNRISE REALTY COMPANY

275 A.D.2d 449 (2000)

713 N.Y.S.2d 133

EVA RANDAZZO et al., Respondents, v. 580 SUNRISE REALTY COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 28, 2000.

Ordered that the order is affirmed, with costs.

The defendant failed to establish, prima facie, that no triable issue of fact exists as to whether the injured plaintiff tripped on a defective condition caused by its alleged special use of the sidewalk (see, Kaufman v Silver, 90 N.Y.2d 204, 207; Azzara v Revellese, 146 A.D.2d 592

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