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DANIELS v. CITY OF NEW YORK

29 A.D.3d 514 (2006)

814 N.Y.S.2d 258

KATIE DANIELS, Appellant, v. CITY OF NEW YORK, Respondent.

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

May 2, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the plaintiff failed to submit legally sufficient evidence as to whether the defective roadway condition upon which she fell was created through the sort of "affirmative act of negligence" contemplated by Amabile v City of Buffalo (93 N.Y.2d 471, 474 [1999]; see Albright v City of New York, 25 A.D.3d 577

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