Tewari v. City of New York

—Judgment, Supreme Court, New York County (Edward Greenfield, J.), entered on or about September 10, 1997, which, upon said court’s grant of defendant City of New York’s trial motion, dismissed the complaint as against said defendant, unanimously affirmed, without costs.

The trial court properly granted defendant City’s motion, made at the conclusion of plaintiffs opening statement, to *176dismiss the complaint as against it, since, even as amplified by plaintiffs submissions, the opening statement failed to establish a prima facie case of negligence. While the City owes a duty to maintain its…