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SKATES v. CITY OF NEW YORK

304 A.D.2d 820 (2003)

757 N.Y.S.2d 885

EARLINE SKATES, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided April 28, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleges that she tripped and fell as a result of a defective condition in a roadway in Queens. The City of New York established its entitlement to judgment as a matter of law by demonstrating that it neither created the condition nor had prior written notice of the alleged defect (see Administrative Code of City of NY § 7-201 [c] [2]; Katz v City of New York,...

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