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ANDERSON v. CD FLEETWOOD ASSOCIATES, LLC

2009-10424.

82 A.D.3d 689 (2011)

917 N.Y.S.2d 895

BARBARA ANDERSON, Respondent, v. CD FLEETWOOD ASSOCIATES, LLC, Defendant, and CITY OF MOUNT VERNON, Appellant.

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

Decided March 1, 2011.

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

The defendant City of Mount Vernon submitted evidence sufficient to establish, prima facie, that it did not have prior written notice of the alleged hole in the sidewalk which proximately caused the plaintiff to fall (see De La Reguera v City of Mount Vernon, 74 A.D.3d 1127 [2010]; Trinidad v City of Mount Vernon, 51...

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