| Thompson v 793-97 Garden St. Hous. Dev. Fund Corp. |
| 2012 NY Slip Op 09168 [101 AD3d 642] |
| December 27, 2012 |
| Appellate Division, First Department |
| Michael Thompson, Appellant, v 793-97 Garden StreetHousing Development Fund Corporation, Respondent. |
—[*1] Hannum Feretic Prendergast & Merlino, LLC, New York (Barbara Apostol Hayes ofcounsel), for respondent.
Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered October 11,2011, which granted defendant's motion for summary judgment dismissing the complaint, anddenied plaintiff's cross motion for leave to amend his bill of particulars, unanimously affirmed,without costs.
The record demonstrates conclusively that defendant did not own the property that abuttedthe sidewalk on which plaintiff tripped and fell, and was therefore not responsible formaintaining it in a reasonably safe condition (see Administrative Code of City of NY§ 7-210; Montalbano v 136 W. 80St. CP, 84 AD3d 600, 602-603 [1st Dept 2011]).
Plaintiff's proposed amendment of his bill of particulars to allege that defendant made specialuse of the sidewalk is unsupported by evidence that the sidewalk was subject to defendant'scontrol (see Balsam v Delma Eng'g Corp., 139 AD2d 292, 298 [1st Dept 1988], lvdismissed in part, denied in part 73 NY2d 783 [1988]). Plaintiff's evidence shows merelythat many people, including some of defendant's tenants, use the sidewalk to exit a de factoparking lot on a nearby abandoned dirt road.
We have considered plaintiff's remaining contentions and find them unavailing.Concur—Friedman, J.P., Acosta, Renwick, Richter and Román, JJ.