Singleton v. Consolidated Edison Co. of New York, Inc.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered April 16, 2012, which, to the extent appealed from as limited by the briefs, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant met its prima facie burden by submitting evidence showing that it did not own, control or create the utility cap *492that caused plaintiff to fall (see Lopez v Allied Amusement Shows, Inc., 83 AD3d 519, 519 [1st Dept 2011]). In opposition, plaintiff failed to raise an issue of fact. Plaintiff offered no evidence disputing defendant’s…