Apolito v. Frosdick

—Order unanimously affirmed without costs. Memorandum: City Court properly granted defendant’s motion for dismissal at the conclusion of plaintiffs case, and County Court properly affirmed the judgment. Plaintiff tripped and fell while walking along a sidewalk in front of defendant’s residence. She alleged that she was caused to fall by a difference in the height of the sidewalk concrete at the point where the sidewalk crosses defendant’s driveway. Plaintiff failed to establish that defendant owned the sidewalk or that, as an abutting owner, defendant created the defect, was obligated by…