Rodriguez v City of New York (2004 NY Slip Op 08607)

Rodriguez v City of New York

2004 NY Slip Op 08607 [12 AD3d 282]

November 23, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 19, 2005

Luz Rodriguez et al., Respondents,
v
City of New York, Defendant, and 401 Hotel L.P., Doing Business as Hotel Pennsylvania, Appellant.

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Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered March 22, 2004, which, in an action for personal injuries sustained when plaintiff tripped on the sidewalk outside of defendant-appellant's hotel, denied defendant-appellant's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Although defendant City of New York would generally be liable for accidents caused by sidewalk defects (see Weiskopf v City of New York, 5 AD3d 202, 203 [2004]) that occurred prior to September 14, 2003 (Administrative Code of City of NY § 7-210), appellant failed to establish that plaintiff's accident occurred outside the property line of its hotel, which is designated by plaques on the sidewalk. Thus, an issue of fact remains as to whether the alleged sidewalk defect was on appellant's property or the public sidewalk. We have considered appellant's other arguments and find them unavailing. Concur—Sullivan, J.P., Ellerin, Williams, Gonzalez and Catterson, JJ.