HERRERA v. Dympna Realty Corp., Defendant. (2004)

Judgment, Supreme Court, Bronx County (Stanley Green, J.), entered December 18, 2002, upon a jury verdict, in favor of defendants-respondents, unanimously affirmed, without costs.

Plaintiff commenced this action to recover for injuries sustained when she fell, allegedly by reason of a defect in a City-owned sidewalk that had been the site of recent repair work by defendant contractor Anthony D'Amico & Son. Contrary to plaintiff's contention, the trial court properly declined to charge New York City Administrative Code § 19-152(a) to the jury.   Section 19-152(a) imposes no affirmative sidewalk maintenance duty on either defendant City or defendant contractor and, accordingly, proof of its violation would not have been probative of plaintiff's claim of negligence against those defendants (see Gonzalez v. Iocovello, 93 N.Y.2d 539, 552, 693 N.Y.S.2d 486, 715 N.E.2d 489;  St. Jacques v. City of New York, 88 N.Y.2d 920, 646 N.Y.S.2d 787, 669 N.E.2d 1109).