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BRILL v. CITY OF NEW YORK

305 A.D.2d 525 (2003)

759 N.Y.S.2d 346

ONA BRILL et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided May 19, 2003.

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

The defendant City of New York (hereinafter the City) established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not have written notice of any defect in the sidewalk at the location where the injured plaintiff allegedly fell and that it did not create the alleged defective condition (see Gruska v City of...

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