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SANCHEZ v. CITY OF NEW YORK

10069, 307433/13.

176 A.D.3d 490 (2019)

107 N.Y.S.3d 855

2019 NY Slip Op 07355

Luis Sanchez, Respondent, v. City of New York, Appellant, et al., Defendant.

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

Decided October 10, 2019.

Attorney(s) appearing for the Case

Zachary W. Carter , Corporation Counsel, New York ( Jonathan A. Popolow of counsel), appellant.

Greenberg & Stein, P.C., New York ( Ian Asch of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.

The City failed to establish its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when he tripped and fell on a defect in the sidewalk.

The evidence submitted by the City fails to definitively show that it had no prior written notice of the defect that caused plaintiff's fall (see Sondervan v City of New York, 84 A.D.3d 625 [1st Dept 2011]).

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