Noia v. Maselli

In Noia v. Maselli, 45 AD3d 746, 846 N.Y.S.2d 326 [ 2nd Dept 2007], the abutting landowner established her prima facie entitlement to judgment as a matter of law by demonstrating that she did not have exclusive access to or the ability to exercise control over the gas valve cover on which the plaintiff allegedly tripped and fell. The principle of "special use," to the extent applicable here, imposes an obligation upon an entity to maintain a part of the public way in a reasonably safe condition when that part is under its control and is used for its own benefit.