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VARGAS v. CITY OF NEW YORK

9364, 303184/13.

172 A.D.3d 552 (2019)

98 N.Y.S.3d 749

2019 NY Slip Op 03916

Reyna Martinez Vargas, Appellant, v. City of New York, Respondent.

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

Decided May 21, 2019.

Defendant established its prima facie entitlement to judgment as a matter of law, in this action where plaintiff alleges that she was injured when her bicycle hit a hole in the road, causing her to fall. Defendants submitted evidence showing that it lacked prior written notice of the alleged defect (see Administrative Code of City of NY § 7-201 [c] [2]; Jones v City of New York, 159 A.D.3d 571 [1st Dept 2018]).

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