RODRIGUEZ v. CITY OF NEW YORK

2016-04087, Index No. 7235/14.

152 A.D.3d 810 (2017)

2017 NY Slip Op 05864

59 N.Y.S.3d 429

FELIX RODRIGUEZ, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided July 26, 2017.


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

On March 9, 2013, the plaintiff allegedly fell due to a defect in the sidewalk abutting premises located on Barbey Street in Brooklyn. The plaintiff commenced this action against, among others, the City of New York. The City moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against it, contending that it did not have prior written notice of the defect at issue...

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