SCHIMICCI, JR. v. CITY OF NEW YORK


33 A.D.3d 687 (2006)

821 N.Y.S.2d 915

JOSEPH SCHIMICCI, JR., et al., Respondents, v. CITY OF NEW YORK, Appellant.

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

Decided October 10, 2006.


Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing of entitlement to judgment as a matter of law on the ground that it never received prior written notice of the alleged street defect at issue in this case. However, contrary to the defendant's contention, the plaintiffs' submissions in opposition to the motion, which included an expert affidavit relying upon photographs and other competent evidence, raised a triable issue of fact...

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