DiPierro v. City of New York

*307Order, Supreme Court, New York County (Saralee Evans, J.), entered February 15, 2002, which denied defendant Auer’s motion for summary judgment, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

Plaintiff was injured while crossing Water Street in lower Manhattan. As he crossed the street directly in front of 55 Water Street, he felt the pavement give way underneath his foot, causing him to fall. Photographs taken the next day show a depression in the street,…