Rojas v. Con Edison

OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, without costs.

In this personal injury action, plaintiff alleges that she tripped and fell over a gas valve cap embedded in a sidewalk and that Ellivkroy Realty, Inc. (defendant), as the abutting landowner, was responsible for the defective condition of the gas valve cap and thus liable to plaintiff for the injuries she sustained when she fell. Defendant moved for summary judgment dismissing the complaint insofar as asserted against it on the grounds that it was not responsible for the maintenance of the gas valve cap and that…