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DeSILVA v. CITY OF NEW YORK

15 A.D.3d 252 (2005)

790 N.Y.S.2d 87

RICHARD DeSILVA et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

February 15, 2005.

Not having opposed defendant City's cross motion, plaintiffs cannot appeal the portion of the order affording the City relief (see CPLR 5511). In any event, summary judgment was properly granted the City inasmuch as there is no evidence that the City had notice of the alleged condition as required by Administrative Code of the City of New York § 7-201 (c) (2). The work permits issued by the City to Con Edison and Empire give no indication that the City was aware...

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