Belmonte v. City of New York

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bernstein, J.), dated May 16, 1990, which granted the motion of the defendant Jerry Agrusa for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed, with costs.

The record demonstrates that the injured plaintiff fell on a public sidewalk in front of the defendant Jerry Agrusa’s business. There is no evidence that Agrusa made any special use of the area in which the injured plaintiff fell, or otherwise caused…