DO ESPIRITO SANTO v. New York City Educational Construction Fund, Appellant. (2000)

Supreme Court, Appellate Term, New York.

Jacqueline DO ESPIRITO SANTO, Respondent, v. CITY OF NEW YORK et al., Respondents, New York City Educational Construction Fund, Appellant.

Decided: June 16, 2000

PRESENT: HON. STANLEY PARNESS, P.J., HON. WILLIAM P. McCOOE and HON. PHYLLIS GANGEL-JACOB, JJ.

Ahmuty, Demers & McManus, Albertson (Joseph A. Oliva of counsel), for appellant. Michael D. Hess, Corporation Counsel (Larry A. Sonnenshein and Kathleen Alberton, New York City, of counsel), for City of New York and another, respondents.

Order entered June 14, 1999 reversed, with $10 costs, motion granted, and complaint dismissed. The clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

The hazard to which plaintiff attributes her fall and injury, an uneven and “uplift[ed]” exterior step on premises owned by defendant-appellant, is not alleged or shown to constitute a defect violative of any specific statutory safety provision (see, Manning v. New York Tel. Co., 157 A.D.2d 264, 555 N.Y.S.2d 720). No basis is shown, therefore, to impose liability upon defendant, an out-of-possession owner which had relinquished control over the premises years before the occurrence of plaintiff's injury (supra; Gomez v. Walton Realty Assocs., 258 A.D.2d 307, 685 N.Y.S.2d 201).

PER CURIAM.

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