| De Garcia v Empire Fasteners, Inc. |
| 2008 NY Slip Op 09944 [57 AD3d 710] |
| December 16, 2008 |
| Appellate Division, Second Department |
| Matilde De Garcia, Respondent, v Empire Fasteners, Inc.,Appellant, et al., Defendant. |
—[*1] William Pager, Brooklyn, N.Y., for respondent.
In an action to recover damages for personal injuries, the defendant Empire Fasteners, Inc.,appeals from an order of the Supreme Court, Queens County (Kitzes, J.), entered March 28, 2008,which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is reversed, on the law, with costs, and the motion of the defendant EmpireFasteners, Inc., for summary judgment dismissing the complaint insofar as asserted against it is granted.
In support of its motion for summary judgment dismissing the complaint insofar as asserted againstit, the defendant Empire Fasteners, Inc. (hereinafter Empire), submitted photographs establishing that itsproperty did not abut the portion of the sidewalk which contained the alleged defect that the plaintiffidentified at her deposition as the location of her fall. Empire thus established that it did not have a dutyto maintain the portion of the sidewalk where the plaintiff fell in a reasonably safe condition, and that itwas therefore entitled to summary judgment dismissing the complaint insofar as asserted against it(see Administrative Code of City of NY § 7-210; Vikhor v City of New York, 43 AD3d 914 [2007]). The plaintiff failedto raise a triable issue of fact in opposition to Empire's showing (see Alvarez v Prospect Hosp.,68 NY2d 320 [1986]). Accordingly, the Supreme Court should have granted Empire's motion forsummary judgment dismissing the complaint insofar as asserted against it. Fisher, J.P., Florio, Carni andChambers, JJ., concur.