ZIMBARDI v. CITY OF NEW YORK

Nos. 7285, 104250/10.

94 A.D.3d 454 (2012)

941 N.Y.S.2d 594

2012 NY Slip Op 2574

FRANCES ZIMBARDI, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided April 5, 2012.


Plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law as to liability. The testimony of a Department of Parks and Recreation employee concerning a tree rescue program, and the report of an inspection of the trees on the block where plaintiff allegedly fell, do not show that the City had prior written notice of the alleged dangerous condition pursuant to Administrative Code of City of NY § 7-201 (c) (2) (see Amabile v City of...

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