Combier v. City of New York

— Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered April 28, 2011, which, in an action for personal injuries sustained when plaintiff tripped and fell over fencing surrounding a tree well on the sidewalk abutting a building owned by defendant/third-party plaintiff El Kam Realty Co. (El Kam), granted El Kam’s motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

El Kam established its entitlement to judgment as a matter of law. El Kam submitted evidence showing that it did not install, maintain,…