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BAGLEY v. 1122 E. 180TH ST. CORP.

Index No. 25795/15. Appeal No. 15503. Case No. 2020-03622.

203 A.D.3d 502 (2022)

165 N.Y.S.3d 40

2022 NY Slip Op 01730

Cynthia T. Bagley, Respondent-Appellant, v. 1122 East 180th Street Corp., Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent/Second Third-Party Plaintiff-Appellant-Respondent, and City of New York et al., Respondents, et al., Defendant. AP Plumbing & Heating, Inc., Third-Party Defendant-Respondent-Appellant. Consolidated Edison Company of New York Inc., Second Third-Party Defendant-Respondent.

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

Decided March 15, 2022.

Attorney(s) appearing for the Case

Miller Leiby & Associates, P.C., New York ( Jeffrey R. Miller of counsel), for appellant-respondent.

Burns & Harris, New York ( Daniel Wright of counsel), for Cynthia Bagley, respondent-appellant.

Matthew A. Kaufman , New York, for AP Plumbing & Heating, Inc., respondent-appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Julie Steiner of counsel), for municipal respondents.

The Law Office of Alexander C. Aviles, New York ( Stephen T. Brewi of counsel), for Consolidated Edison Company of New York, respondent.

Concur—Webber, J.P., Moulton, Kennedy, Mendez, Pitt, JJ.

The City defendants failed to demonstrate prima facie that they did not receive prior written notice of the sidewalk and curb defect that plaintiff identified as the cause of her fall (see Administrative Code of City of NY § 7-201[c][2]). The last Big Apple map received by the City before the accident indicates that the curb of the sidewalk where plaintiff claims she fell has a symbol for an "[e]xtended section of broken, misaligned, or uneven curb" (i.e., X-...

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