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REYES v. CITY OF NEW YORK

29 A.D.3d 667 (2006)

814 N.Y.S.2d 873

MARGARITA REYES, Appellant, v. CITY OF NEW YORK, Defendant, and MORTON TABAK et al., Respondents.

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

May 9, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants Pro Concrete Contractors Corp. (hereinafter Pro Concrete) and Atlas Transit Mix Corporation (hereinafter Atlas) established their prima facie entitlement to judgment as a matter of law by demonstrating that they did not create the alleged dangerous condition or have a contractual duty to maintain and repair the subject sidewalk (see Paladino v Time Warner Cable of N.Y. City...

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