were read on this motion to/for Plaintiff commencedthis action seeking to recover forpersonalinjuries sustained asa result ofa trip andfall in a tree well abutting the property known as 1390 Lexington Avenue, New York, NewYork.

Defendants, Eat Lexington 87, LLC d/b/a Eli’s Essentials and Eli Zabar (“Zabar’’) move the court pursuant to CPLR 3212 seeking summary judgmenton the groundsthatit did not cause, create, or contribute to the defective condition alleged and did not owe a duty to plaintiffs to maintain or repair the alleged condition.

Here,plaintiffopposes the motion arguing that she walkedin the direction ofthe tree well defect because Zabar negligently erected a sidewalk “shed”in front ofits premises.

However, Zabar’s sworn affidavits annexedto its motion avow that defendants did noterect the “shed”or derive any special use therefrom.

Based uponthe foregoing,itis hereby ORDEREDthat defendants, Eat Lexington 87, LLC d/b/a Eli’s Essentials and Elizabar’s motion for summaryjudgmentis granted and the complaintis dismissed against them;andit is further _ ORDEREDthat the cross-claims against defendants, Eat Lexington 87, LLC d/b/a Eli’s Essentials and Elizabarare dismissed; andit is further ORDEREDthatthe actionis severed shall continue against the remaining defendants; andit is further ORDEREDthat the Clerk of the Court shall enter judgment in favor of defendants Eat Lexington 87, LLC d/b/a Eli’s Essentials and Elizabar; and it is further ORDEREDthattheparties are directed to appear for a compliance conference on November 27, 2018 at 2:00 PM,Part DCM,Room 103, 80 Centre Street, New York, N.Y. September27, 2018