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SMITH v. CITY OF NEW YORK

Index No. 26623/20E. Appeal No. 15269. Case No. 2021-02797.

202 A.D.3d 493 (2022)

158 N.Y.S.3d 826

2022 NY Slip Op 00830

Ana J. Smith, Respondent, v. City of New York et al., Defendants, and Esther Zarembski, Appellant.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Perry, Van Etten, Rozanski & Kutner, LLP, Melville ( Megan R. Pollastro of counsel), for appellant.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.

In response to defendant's demand, plaintiff furnished a bill of particulars that contained an adequate description of the date and approximate time of the alleged occurrence, the location of the accident, the acts or omissions of defendant constituting negligence, and the manner in which defendant obtained notice of the dangerous condition (see CPLR 3043[a][1]-[5]; [c]; see e.g. Harris v Ariel Transp. Corp., 37 A.D.3d 308

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