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MARTIN v. CITY OF NEW YORK

5730. 156115/13.

158 A.D.3d 527 (2018)

68 N.Y.S.3d 705

2018 NY Slip Op 01138

SERLENE MARTIN, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided February 15, 2018.

Summary judgment was properly granted in this action where plaintiff alleges that she was injured when she tripped and fell on a hole at a curb. The record shows that defendant City lacked prior written notice of the alleged defect (Administrative Code of City of NY § 7-201 [c] [2]), and plaintiff failed to raise a triable issue of fact as to whether the City caused or created the hole in the curb (see Brown v City of New...

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