BREHENY v. CITY OF NEW YORK

ORDERED that the order, as amended, is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The appellant demonstrated her prima facie entitlement to summary judgment by establishing that she made no repairs to the sidewalk abutting her home prior to the time, and in the area where, the plaintiff allegedly fell and sustained injuries (see Perriconi v. St. John's Preparatory High School, 290 A.D.2d 546; Surowiec v. City of New York, 139 A.D.2d 727). In opposition, the plaintiff and the codefendant City of New York failed to raise a triable issue of fact to defeat the appellant's prima facie showing (see Ribacoff v. City of Mount Vernon, 251 A.D.2d 482; Palazzo v. City of New Rochelle, 236 A.D.2d 528). Accordingly, the Supreme Court should have granted the appellant's motion.

FLORIO, J.P., S. MILLER, ADAMS and CRANE, JJ., concur.