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GARRISON v. CITY OF NEW YORK

300 A.D.2d 14 (2002)

751 N.Y.S.2d 436

RICHARD GARRISON, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 3, 2002.

The City's untimely motion for summary judgment (CPLR 3212 [a]) was properly entertained absent a showing of prejudice by plaintiffs and given indications that plaintiffs could not prove an essential element of their prima facie case (see Luciano v Apple Maintenance & Servs., 289 A.D.2d 90). Plaintiff could not show that the City had prior written notice of the alleged hole in the path, as required by Administrative Code of the...

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