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DIAZ v. NEW YORK CITY TRANSIT AUTHORITY

12 A.D.3d 316 (2004)

784 N.Y.S.2d 868

LA-TONIA DIAZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, and ONE UNION SQUARE EAST CONDOMINIUM et al., Respondents. LA-TONIA DIAZ, Appellant, v. CONDOMINIUM PARK TOWERS BROTHERS RLTY, LTD., et al., Defendants, and MAXWELL-KATES, INC., et al., Respondents.

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

November 30, 2004.

According to the complaint, plaintiff slipped and fell on a public sidewalk. Inasmuch as defendants-respondents, at the time, were under no statutory obligation to maintain the sidewalk and there is no evidence that they created the alleged hazard or made special use of the area in question, there exists no basis to sustain the action as against them (see Muniz v Bacchus, 282 A.D.2d 387 [2001]). The affirmation of plaintiff's counsel...

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