In Breland v. Bayridge Air Rights, Inc, 65 AD3d 559, 884 N.Y.S.2d 143 (2nd Dept 2009), the plaintiff allegedly slipped and fell on a metal grate in front of a building owned by defendant. The grate and the transformer vault below it were owned and maintained by Con Edison and were located in the middle of the public sidewalk abutting the property owned by Baybridge. Defendant therein established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not have exclusive access to, or the ability to exercise control over the grate on which plaintiff allegedly slipped. (65 AD3d at 560).