March 25, 2010
SSM 5 RAMONA ORTIZ, RESPONDENT,
THE CITY OF NEW YORK, APPELLANT,
240 WEST 98TH STREET ASSOCIATES ET AL. RESPONDENTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, reversed, with costs, defendant City of New York's motion for summary judgment granted, the complaint and all cross claims against the City of New York dismissed, and certified question answered in the negative. No triable issue of fact exists as to whether the City created a dangerous condition that caused plaintiff's injuries. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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