Streinger v. N.Y.C. Hous. Auth.

The following e-filed documents, listed by NYSCEF document number (Motion 005) 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 were read on this motion to/for    DISMISSAL. DECISION ORDER ON MOTION   Plaintiff commenced this personal injury action against Defendants New York City Housing Authority (NYCHA) and the City of the New York (the “City”), alleging that she was injured in a trip-and-fall on a sidewalk at 530 West 55th Street in Manhattan on September 20, 2016. The City moves, pursuant to CPLR 3211(a)(7), to dismiss the Complaint and all cross-claims against the City, arguing in sum and substance that the City cannot be liable for Plaintiff’s injuries because the location of the defect was entirely on NYCHA’s property.¹ NYCHA opposes, and Plaintiff joins that opposition.² Having considered the papers, the Court denies the motion. BACKGROUND FACTS AND PROCEDURAL HISTORY On September 20, 2016, Plaintiff fell on a sidewalk defect located at 530 West 55th Street in New York, New York, which-with the exception discussed below-is NYCHA’s property (NYSCEF 113 [NYCHA/Bass Affirm] 2, citing NYSCEF 99 [City Exh El Pl Bill of Particulars] 2). Relying, among other things, on the affidavit of Topographical Bureau Associate Hector Rivera (NYSCEF 109 [City Exh O/Rivera Aff]), the City argues that it cannot be liable for Plaintiff’s injuries because the defect is located “completely within [NYCHA's] property line” — that is, “within a five-inch setback between the property line and the physical building at 530 West 55th Street,” and thus on property owned exclusively by NYCHA, a distinct entity (id. at 7; NYSCEF 93 [City/Weisberg Affirm] 21, citing Public Housing Law 401). Rivera, whose training “included being trained by…borough engineers…to read, analyze and facilitate changes to City maps,” based his conclusion on: (1) 1975 architectural drawings; (2) a site visit; (3) a master City database which coordinates map and building data between borough presidents’ offices and City agencies (“Pluto”); (4) a 1975 Building Location Plan; and (5) photographs (NYSCEF 109 at