Parker v. Shubert Organization Inc.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered June 27, 2006, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Assuming arguendo that defendants made special use of the sidewalk area of plaintiffs alleged fall, plaintiff failed to raise a triable issue as to whether her accident was attributable to the claimed defect, a plaque embedded in the sidewalk (cf. Gage v City of New York, 203 AD2d 118 [1994]). The record provides no basis to conclude that the plaque itself was dangerously slippery, or that it was…