Di Sanza v. City of New York

Lippman, EJ., and Mazzarelli, J., dissent

in a memorandum by Mazzarelli, J., as follows: I would reverse the order appealed and reinstate the complaint. Plaintiff was injured on March 19, 2003 when he allegedly tripped and fell over a raised metal sidewalk grating. The grating covered a vault containing a transformer owned and maintained by Con Edison. Con Edison had a duty to maintain the subject grating in a reasonably safe condition based on its special use of the sidewalk and as the owner of the grating (see Posner v New York City Tr. Auth., 27 AD3d 542 [2006]; Ausderan v City of New York,…