Rodriguez v. City of New York

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered August 9, 2006, which denied the motion of defendant 250 Mona Corp. for summary judgment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant 250 Mona Corp. dismissing the complaint as against said defendant.

Plaintiff tripped and fell on a city sidewalk in front of defendant supermarket in August 2001. Prior to enactment of New York City Administrative Code § 7-210 in 2003, the duty to maintain public sidewalks rested with the City (Rodriguez v…