MOSCATO v. CITY OF NEW YORK

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants, homeowners whose property abutted a public sidewalk, failed to make a prima facie showing that they did not create the allegedly defective condition through an affirmative act of negligence or through a special use of the sidewalk ( see Hausser v. Giunta, 88 NY2d 449; Rene v. Union Gardens Coop., Section 1, 299 AD2d 471, 472; Dos Santos v. Peixoto, 293 AD2d 566; cf. Kaufman v. Silver, 90 NY2d 204, 207 ; Romero v. City of New York, 5 AD3d 657; Jeanty v. Benin, 1 AD3d 566, 567; Ivanyushkina v. City of New York, 300 AD2d 544; Benenati v. City of New York, 282 AD2d 418, 419). Accordingly, their motion was properly denied, regardless of the sufficiency of the opposition papers ( see Alvarez v. Prospect Hosp., 68 NY2d 320, 324).

The appellants' remaining contentions are without merit.