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KRUSZKA v. CITY OF NEW YORK

29 A.D.3d 742 (2006)

816 N.Y.S.2d 510

DANIEL KRUSZKA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

May 16, 2006.

Ordered that the orders are affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendants.

The Supreme Court properly granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing the complaint insofar as asserted against it. The plaintiff failed to establish that the City had prior written notice of the defect which allegedly caused the accident (see

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