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GARCIA v. CITY OF NEW YORK

301213/08, 8248, 8248A, 83971/08.

99 A.D.3d 491 (2012)

952 N.Y.S.2d 133

2012 NY Slip Op 6757

FRANCISCO GARCIA, Appellant-Respondent, v. CITY OF NEW YORK et al., Respondents, and SAFEWAY CONSTRUCTION ENTERPRISES, INC., Respondent-Appellant. (And a Third-Party Action.)

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

October 9, 2012.

Supreme Court properly granted summary judgment to subcontractor Kaila, in this trip-and-fall action, since there is no evidence in the record that it caused or created the defective condition of the sidewalk (see Ross v Betty G. Reader Revocable Trust, 86 A.D.3d 419, 421 [1st Dept 2011]; Smith v Costco Wholesale Corp., 50 A.D.3d 499, 500 [1st Dept 2008]). The deposition testimony and affidavit...

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