HALL v. GASTON III (1998)

Supreme Court erred in denying defendants' motion for summary judgment dismissing the complaint.   Plaintiff alleges that she sustained injuries when she slipped and fell on an icy public sidewalk at a point where it crossed defendants' driveway.   Defendants, as the abutting landowners, met their initial burden of establishing that they are not liable “for the allegedly defective condition of the [sidewalk] in the absence of proof that defendant[s] created the condition or used the [sidewalk] for a special purpose that resulted in plaintiff's injury” (O'Shea v. Ilion Main St. Corp., 227 A.D.2d 989, 643 N.Y.S.2d 447, lv. denied 88 N.Y.2d 814, 651 N.Y.S.2d 16, 673 N.E.2d 1243;  see, Reid v. Auto Tune Ctrs., 202 A.D.2d 1047, 609 N.Y.S.2d 715;  Giotto v. Gaetano, 178 A.D.2d 978, 979, 578 N.Y.S.2d 320).   Plaintiff submitted no evidence that defendants used the sidewalk for a special purpose, and her allegation that defendants created the dangerous condition by driving over the snow with their vehicles is based on mere speculation and thus is insufficient to raise an issue of fact (see, Eddy v. Tops Friendly Mkts., 91 A.D.2d 1203, 459 N.Y.S.2d 196, aff'd 59 N.Y.2d 692, 463 N.Y.S.2d 437, 450 N.E.2d 243).

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

MEMORANDUM: