BONIELLO v. CITY OF NEW YORK

9585, 306590/10.

106 A.D.3d 612 (2013)

965 N.Y.S.2d 350

2013 NY Slip Op 3761

KIM BONIELLO, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided May 23, 2013.


Dismissal of the complaint was proper since plaintiff failed to raise a triable issue of fact concerning defendant's prior notice of the defect which plaintiff alleged caused her to fall (see Administrative Code of City of NY § 7-201 [c]). Although documents produced by defendant indicated that multiple 311 calls resulted in an inspection by defendant's employees and a determination that a dangerous condition existed in the vicinity of plaintiff's accident (

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