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RAFF-DESANTO v. 200 CHELSEA CORP.

Index Nos. 450269/20, 595292/20. Appeal. No. 14703. Case No. 2020-04524.

199 A.D.3d 615 (2021)

154 N.Y.S.3d 755

2021 NY Slip Op 06658

Liliane Raff-DeSanto, Respondent, v. 200 Chelsea Corp. et al., Respondents, and Shigemitsu New York, Inc., Appellant, et al., Defendant. 200 Chelsea Corp. et al., Third-Party Plaintiffs-Respondents, v. 200 Ninth Restaurant, LLC, Third-Party Defendant.

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

Decided November 30, 2021.

Attorney(s) appearing for the Case

Morris Duffy Alonso & Faley, New York ( Iryna S. Krauchanka and Kevin G. Faley of counsel), for appellant.

Callahan & Fusco, LLC, New York ( Crystal Alonso of counsel), for respondents.

Concur— Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.

Plaintiff was injured when she tripped and fell in a hole or depression in the cement on a sidewalk. Defendant Shigemitsu, a ground floor commercial tenant, failed to establish prima facie that it cannot be held liable for plaintiff's injuries based on the location of her accident, since the photographic evidence does not show that the area of the sidewalk on which plaintiff tripped and fell did not abutt its property.

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