The following e-filed documents, listed by NYSCEF document number (Motion 003) 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96 were read on this motion to/for SUMMARY JUDGMENT(AFTER JOINDER). DECISION ORDER ON MOTION Defendant, City of New York (“City”) moves for an order, pursuant to CPLR §3212, granting summary judgment dismissing the complaint. The motion is unopposed. For the reasons stated herein, the motion is granted. BACKGROUND AND ARGUMENTS On May 31, 2019, Plaintiff Shirin Tajani (“Plaintiff”) sustained personal injuries after she tripped and fell on a metal grate embedded in the sidewalk in front of 158 West 14th Street, New York, New York (NYSCEF Doc No. 75, Statement of material facts 2). On or about July 23, 2019, Plaintiff served a notice of claim on the City (NYSCEF Doc No. 74, Simonelli affirmation 3). In her notice of claim, Plaintiff alleges that she tripped and fell “because of a raised and defective grating located on the sidewalk in front of 158 West 14th Street” (NYSCEF Doc No. 78, Notice of Claim at 1). On September 25, 2019, Plaintiff appeared for a hearing pursuant to General Municipal Law §50-h (NYSCEF Doc No. 74, Simonelli affirmation 5). At the hearing, Plaintiff testified that her accident occurred on May 31, 2019, on 14th Street between 6th and 7th Avenue on a grate embedded in the sidewalk (id.). On September 27, 2019, Plaintiff commenced the instant action against City, The New York City Transit Authority (“Transit”), and Consolidated Edison Company of New York (“Con Edison”) (id. 3). Issued was joined by service of the City’s answer on December 12, 2019 (id.). On December 10, 2019, Transit served a Notice to Admit on Con Edison (id. 7). Con Edison served a Verified Reply to Transit’s Notice to Admit on December 26, 2019, and then served its Supplemental Verified Reply on September 17, 2021, wherein Con Edison admitted that it owned, maintained, controlled, and inspected a vault and grate located on the sidewalk in front of 158 West 14th Street (id.). On November 3, 2021, Plaintiff was deposed (id. 6). Plaintiff testified that her accident occurred on a rectangular grate embedded in the sidewalk (id). Plaintiff identified the subject grate in a photograph marked as Exhibit C1 (id.). Further, Plaintiff was asked to identify the exact area which caused her to fall, and she identified the raised border of the metal grating by placing a green “x” on the photograph (id.). On May 31, 2022, Transit moved for summary judgment to dismiss the complaint against it for failure to state a cause of action on the grounds that it does not own, maintain, operate or control the public streets or the accident location (id. 3; NYSCEF Doc No. 28, Notice of Motion). The motion was granted, and the complaint dismissed against Transit pursuant to an order of the court dated September 29, 2022 (NYSCEF Doc No. 44, Order [Denise Dominguez, J.]). On August 31, 2023, Plaintiff filed the note of issue (id. 4). The City now moves for summary judgment to dismiss the complaint against it on the grounds that it does not own the metal grate in question or the abutting building, did not cause or create the allegedly defective condition, and did not have notice of the condition. In support of its motion, the City offers uncontroverted evidence including testimony, pleadings, photographs, public records, and statutory regulations, which demonstrate that it does not own the building located at 150 West 14th Street, which abuts the accident location, (NYSCEF Doc No. 75, Statement of Material Facts
