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KALSMITH v. CITY OF NEW YORK

5614. 115584/10. 590455/11.

158 A.D.3d 442 (2018)

67 N.Y.S.3d 830

2018 NY Slip Op 00800

BARBARA KALSMITH, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided February 6, 2018.

Defendants made a prima facie showing that they did not have prior written notice of the defective roadway condition that allegedly caused plaintiff to trip and fall (see Administrative Code of City of NY § 7-201 [c] [2]; Yarborough v City of New York, 10 N.Y.3d 726, 728 [2008]). Although the FITS reports submitted by defendants showed the existence of potholes at the accident...

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