Opinion
2013-03-20
Eileen JORDAN–HUNTE, et al., respondents, v. CITY OF NEW YORK, appellant, et al., defendants.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Suzanne K. Colt of counsel), for appellant. Sacco & Fillas LLP, Astoria, N.Y. (Kenneth G. Esehak of counsel), for respondents.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Suzanne K. Colt of counsel), for appellant. Sacco & Fillas LLP, Astoria, N.Y. (Kenneth G. Esehak of counsel), for respondents.
In an action to recover damages for personal injuries, etc., the defendant City *654of New York appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Ash, J.), dated October 14, 2011, as denied its cross motion for summary judgment dismissing the complaint insofar as asserted against it.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the cross motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it. The City failed to establish its prima facie entitlement to judgment as a matter of law on the issue of whether it received prior written notice of the alleged defect that purportedly caused the plaintiff Eileen Jordan–Hunte's fall ( see Sanatass v. Town of N. Hempstead, 64 A.D.3d 695, 881 N.Y.S.2d 901;Bonilla v. Incorporated Vil. of Hempstead, 49 A.D.3d 788, 789, 853 N.Y.S.2d 910). Since the City failed to meet its prima facie burden, we need not consider the sufficiency of the plaintiffs' opposition papers ( see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642).