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MAZZOLA v. CITY OF NEW YORK

32 A.D.3d 906 (2006)

821 N.Y.S.2d 247

GLORIA MAZZOLA, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

September 19, 2006.

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

The defendant City of New York established its prima facie entitlement to judgment as a matter of law by submitting evidence that it never received prior written notice of the defect in the roadway that allegedly caused the plaintiff to fall (see Administrative Code of City of NY § 7-201 [c] [2]). In opposition, the plaintiff asserted that the City created the allegedly dangerous...

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