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CRUZ v. MALL PROPS., INC.

2391, 401867/11.

145 A.D.3d 463 (2016)

2016 NY Slip Op 08171

42 N.Y.S.3d 155

JAMIE RIOS CRUZ, Respondent, v. MALL PROPERTIES, INC., et al., Defendants, 3RD & 60TH ASSOCIATES, L.P., Appellant, and CITY OF NEW YORK, Respondent.

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

Decided December 6, 2016.

Associates failed to establish that plaintiff's trip and fall was caused by a defect in the curb, for which defendant City of New York may be held liable, and not by a defect in the sidewalk abutting Associates' property or between the sidewalk and the curb, for which Associates may be held liable (see Administrative Code of City of NY §§ 7-210 [c]; 19-101 [d]; Vucetovic v Epsom Downs, Inc., 10 N.Y.3d 517 [2008]...

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