Ordered that the order is reversed insofar as appealed from, on the law, with costs payable by the plaintiffs, the cross motion of the defendant 129/82 Owners Corp. to dismiss the complaint insofar as it is asserted against it and all cross claims against it is granted, and the action against the remaining defendant is severed.
The plaintiff Scott Gaboff was injured when he fell on a public sidewalk in front of the building of the appellant 129/82 Owners Corp. There is no evidence that the appellant made any special use of the sidewalk on which Mr. Gaboff fell, or otherwise caused or created the alleged sidewalk defect. Accordingly, summary judgment is granted to the appellant (see, Belmonte v. City of New York, 180 A.D.2d 617; Little v. City of Albany, 169 A.D.2d 1013; Giammarino v. Angelo's Royal Pastry Shop, 168 A.D.2d 423). Bracken, J.P., Balletta, Eiber, O'Brien and Pizzuto, JJ., concur.