Abraham v City of New York
2008 NY Slip Op 04756 [51 AD3d 576]
May 27, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


Benjamin Abraham, Appellant,
v
City of New York, Defendant, and 104 Second Realty, LLC, et al., Respondents.

—[*1] Parker Waichman Alonso LLP, Great Neck (Ronni Robbins Kravatz of counsel), for appellant.

Fabiani Cohen & Hall, LLP, New York (Terry Holmes-Nelson of counsel), for 104 Second Realty, LLC, respondent.

Cartafalsa, Slattery, Turpin & Lenoff, Tarrytown (Regina M. Coady of counsel), for Ming Kam Cheong and Bamboo House Restaurant, respondents.

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered February 26, 2007, which granted defendants-respondents' respective motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants established their prima facie entitlement to summary judgment, and the evidence offered by plaintiff in opposition to defendants' motions failed to raise a triable issue of fact as to whether defendants engaged in snow removal on the public sidewalk where plaintiff slipped and fell (see Stein v State St. Bank & Trust Co. of Conn. N.A., 279 AD2d 427 [2001]). Concur—Andrias, J.P., Saxe, Sweeny, Moskowitz and DeGrasse, JJ.