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SEGURA v. CITY OF NEW YORK

70 A.D.3d 670 (2010)

892 N.Y.S.2d 870

LUIS SEGURA, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided February 2, 2010.

Ordered that the order is affirmed, with costs.

"The law imposes a duty to maintain property free and clear of dangerous or defective conditions only upon those who own, occupy, or control property, or who put the property to a special use or derive a special benefit from it" (Guzov v Manor Lodge Holding Corp., 13 A.D.3d 482, 483 [2004]). The defendant made a prima facie showing of its entitlement to judgment as a matter...

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