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GILL v. CITY OF MOUNT VERNON

275 A.D.2d 733 (2000)

713 N.Y.S.2d 499

OLLIE M. GILL, Appellant, v. CITY OF MOUNT VERNON, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided September 18, 2000.

Ordered that the order is affirmed, with costs.

The evidence submitted by the defendant in support of its motion established a prima facie case that it did not create the alleged hazardous condition, and had neither actual nor constructive notice of it (see, CPLR 3212 [b]; Richman v John, 272 A.D.2d 535). The burden then shifted to the plaintiff to come forward with evidence sufficient to raise a triable issue of fact...

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