Opinion
2017–00538 Index No. 500264/12
05-01-2019
Natalia KOLOTOVA, Appellant, v. BEACH HAVEN APARTMENTS ASSOCIATES, LLC, Defendant, City of New York, Respondent.
Law Office of Yuriy Prakhin P.C., Brooklyn, N.Y. (Irene Gabo of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Jane L. Gordon, Qian Julie Wang, and Anna Wolonciej of counsel), for respondent.
Law Office of Yuriy Prakhin P.C., Brooklyn, N.Y. (Irene Gabo of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Jane L. Gordon, Qian Julie Wang, and Anna Wolonciej of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERIn an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Lara J. Genovesi, J.), dated November 18, 2016. The order granted the motion of the defendant the City of New York for summary judgment dismissing the complaint insofar as asserted against it.
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly was injured when she slipped and fell on an uneven section of a sidewalk abutting an apartment building located in Brooklyn. She commenced the instant action to recover damages for her injuries against, among others, the defendant City of New York. The City moved for summary judgment dismissing the complaint insofar as asserted against it. The Supreme Court granted the motion, and the plaintiff appeals.
Administrative Code of the City of New York § 7–210, which became effective September 14, 2003, shifted tort liability for injuries arising from a defective sidewalk from the City to the abutting property owner, except for sidewalks abutting one-, two-, or three-family residential properties that are owner occupied and used exclusively for residential purposes (see Zorin v. City of New York, 137 A.D.3d 1116, 1118, 28 N.Y.S.3d 116 ; Fisher v. City of New York, 128 A.D.3d 763, 764, 9 N.Y.S.3d 371 ; Bisono v. Quinn, 125 A.D.3d 704, 4 N.Y.S.3d 226 ; Avezbakiyev v. Champion Commons, LLC, 122 A.D.3d 781, 782, 997 N.Y.S.2d 156 ; Medina v. City of New York, 120 A.D.3d 1398, 1399, 993 N.Y.S.2d 141 ). The City established, prima facie, that the apartment building was not a one-, two-, or three-family residence. While Administrative Code § 7–210 does not shift tort liability for injuries proximately caused by the City's affirmative acts of negligence (see Harakidas v. City of New York, 86 A.D.3d 624, 627, 927 N.Y.S.2d 673 ), the City established, prima facie, that it did not affirmatively cause or create the allegedly defective condition, and the plaintiff failed to raise a triable issue of fact in opposition. Accordingly, we agree with the Supreme Court's determination granting the City's motion for summary judgment dismissing the complaint insofar as asserted against it.
SCHEINKMAN, P.J., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.