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CORTWRIGHT v. CITY OF NEW YORK

1866, 27327/02

68 A.D.3d 611 (2009)

2009 NY Slip Op 9518

891 N.Y.S.2d 377

MARIA RAMOS CORTWRIGHT et al., Respondents, v. CITY OF NEW YORK, Respondent, CVS PHARMACY, INC., Respondent-Appellant/Third-Party Plaintiff, and 2112 WHITE PLAINS ROAD, LLC, et al., Appellants-Respondents. TRAMMELL CROW CORPORATE SERVICES, INC., Third-Party Defendant-Respondent.

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

Decided December 22, 2009.

Defendants 2112 White Plains Road and ACHS Management established prima facie that they neither created a defective condition in the sidewalk nor used the sidewalk for a special purpose (see Romero v ELJ Realty Corp., 38 A.D.3d 263 [2007]). ACHS's senior property manager testified that ACHS had no record of any sidewalk maintenance performed by ACHS in front of the CVS Pharmacy store where plaintiff Cortwright allegedly slipped and...

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