MALLORY v. CITY OF NEW ROCHELLE


41 A.D.3d 556 (2007)

836 N.Y.S.2d 426

WILLIE MALLORY, Appellant, v. CITY OF NEW ROCHELLE, Respondent.

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

Decided June 12, 2007.


Ordered that the order is affirmed, with costs.

It is undisputed that the defendant, City of New Rochelle, did not receive prior written notice of the allegedly defective condition which caused the plaintiff to sustain injuries. Moreover, the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not affirmatively create the allegedly defective condition at issue (

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