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DE FELIX v. 590 E. FORDHAM RD. CORP.

Index No. 24131/19E. Appeal No. 14576. Case No. 2021-01491.

199 A.D.3d 453 (2021)

154 N.Y.S.3d 227

2021 NY Slip Op 06080

Orguidia Sanchez De Felix, Respondent, v. 590 East Fordham Road Corp. et al., Respondents, and 7-Eleven, Inc., Appellant, et al., Defendants.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Congdon, Flaherty, O'Callaghan, Travis & Fishlinger, Uniondale ( Kathleen D. Foley of counsel), for appellant.

Gottlieb Siegel & Schwartz, LLP, New York ( Lauren M. Solari of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.

7-Eleven met its burden of establishing entitlement to judgment as a matter of law by showing that it had no duty to maintain the sidewalk where plaintiff alleges she fell. Pursuant to Administrative Code of the City of New York § 7-210(b) and the subject Lease Agreement, the property owner 590 East Fordham Road Corp. was responsible for maintaining the sidewalk abutting the property in a reasonably safe condition (see Xiang Fu He v Troon Mgt., Inc., 34 N.Y.3d...

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