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JUDY CORTES, et al., appellants, v. CITY OF MOUNT VERNON, et al., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with one bill of costs.

The plaintiff Judy Cortes allegedly sustained injuries when she tripped and fell on a raised portion of a public sidewalk in the City of Mount Vernon. After the defendants Maria Diorgi, Dominick Pezzo, Pat Pezzo, and Theresa Corpino made out a prima facie case for summary judgment, the plaintiffs did not meet their burden of establishing the existence of a triable issue of fact as to whether the alleged defect was created by the owners of the abutting property ( see, Darringer v. Furtsch, 225 A.D.2d 577; Zizzo v. City of New York, 176 A.D.2d 722, 723). An abutting owner will not be held responsible for the condition which caused the accident merely because he or she undertook repairs to other, unrelated areas of the sidewalk ( see, Yass v. Deepvale Gardens, 187 A.D.2d 506, 507).

The dismissal of the complaint against the defendant City of Mount Vernon was also proper since the City submitted sufficient proof that it did not receive prior written notice of the alleged sidewalk defect ( see, Amabile v. City of Buffalo, 93 N.Y.2d 471 [June 8, 1999]; Cruz v. City of New York, 218 A.D.2d 546, 547; Wisnowski v. City of Syracuse, 213 A.D.2d 1069; Goldberg v. Town of Hempstead, 156 A.D.2d 639).

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CORTES v. CITY OF MOUNT VERNON
(Jun 14, 1999)