JOHNSTON v. CITY OF NEW YORK

Ordered that the order is affirmed, with costs.

The appellant failed to tender sufficient evidence to eliminate all triable issues of fact as to whether it created the defect in the roadway, which was an alleged proximate cause of the subject accident ( see Winegrad v. New York Univ. Med. Ctr., 64 NY2d 851, 853). In view of the foregoing, the appellant failed to make a prima facie showing of entitlement to judgment as a matter of law. Accordingly, the Supreme Court properly denied the appellant's motion for summary judgment.