| Williams v Azeem |
| 2009 NY Slip Op 04228 [62 AD3d 988] |
| May 26, 2009 |
| Appellate Division, Second Department |
| Sharon Williams, Appellant, v Fazil Azeem et al.,Respondents. |
—[*1] Newman and Newman, LLP, Jamaica, N.Y. (Erwin B. Newman of counsel), forrespondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Queens County (Nelson, J.), dated April 29, 2008, which granted thedefendants' motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff's decedent allegedly tripped and fell over a raised water valve cap in a publicsidewalk abutting the defendants' premises. The defendants established their entitlement tojudgment as a matter of law by demonstrating that they did not negligently construct or repair thesidewalk, otherwise cause the defective condition, cause the defect to occur by some special useof the sidewalk, or breach a specific ordinance or statute which obligated the occupant tomaintain the sidewalk (see Hausser v Giunta, 88 NY2d 449, 452-453 [1996]; Biondi v County of Nassau, 49 AD3d580 [2008]; Jacobs v Village ofRockville Ctr., 41 AD3d 539 [2007]). In opposition, the plaintiff failed to raise a triableissue of fact as to whether, inter alia, the defendants made special use of the sidewalk (see Noia v Maselli, 45 AD3d 746[2007]).
The plaintiff's remaining contention is without merit. Mastro, J.P., Skelos, Dickerson andLott, JJ., concur.