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LEWIS v. CITY OF NEW YORK

5909, 113626/06.

89 A.D.3d 410 (2011)

931 N.Y.S.2d 855

2011 NY Slip Op 7679

JAMES LEWIS, Respondent, v. CITY OF NEW YORK et al., Appellants, and CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent.

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

Decided November 1, 2011.

Defendants-appellants made a prima facie showing of entitlement to judgment as a matter of law with evidence that they did not have the "ability to exercise control" over the sidewalk defect that allegedly caused plaintiff's fall (Kaufman v Silver, 90 N.Y.2d 204, 207 [1997]; Hurley v Related Mgt. Co., 74 A.D.3d 648, 649 [2010]).

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