DI SANZA v. CITY OF NEW YORK


47 A.D.3d 535 (2008)

851 N.Y.S.2d 35

FILIP DI SANZA, Appellant, v. CITY OF NEW YORK et al., Defendants and CONSOLIDATED EDISON COMPANY OF NEW YORK, Respondent.

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

Decided January 29, 2008.


Con Ed established its prima facie entitlement to summary judgment by demonstrating that it neither created nor had actual or constructive notice of the defect in its metal grating upon which plaintiff allegedly tripped (see Resto v 798 Realty, LLC, 28 A.D.3d 388 [2006]). Con Ed satisfied its burden by submitting the uncontested testimony of an employee that he inspected the grate less than five months before the accident and found...

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