TSVILING v. CITY OF NEW YORK

ORDERED that the order is reversed, on the law, with one bill of 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 plaintiff allegedly sustained injuries when she tripped and fell over a defective sidewalk. In support of its motion for summary judgment, the appellant submitted proof in admissible form that it had not performed any work on the subject sidewalk. Thus, the appellant established, prima facie, its entitlement to judgment as a matter of law. In opposition, the respondents failed to proffer evidence demonstrating a triable issue of fact. Therefore, summary judgment should have been granted (see, Aversano v. City of New York, 265 A.D.2d 437; Soto v. City of New York, 244 A.D.2d 544; Abbenante v. Tyree Co., 228 A.D.2d 529; Hovi v. City of New York, 226 A.D.2d 430).