Montalbano v. 136 W. 80 St. CP

Order, Supreme Court, New York County (Joan M. Kenney, J), entered March 10, 2009, which, to the extent appealed from as limited by the briefs, granted defendant James ■ Callanan’s cross motion for summary judgment dismissing the complaint and all cross claims against him, unanimously affirmed, without costs.

On March 24, 2008, plaintiff was walking on West 80th Street at approximately 8:00 p.m. when he tripped and fell on a defect in the sidewalk. Specifically, the sidewalk flag was raised on one side at the expansion joint. Initially, it was unclear whether the area of the sidewalk where…