Opinion
04-07-2015
Ethel CORCORAN, Plaintiff–Appellant, v. The CITY OF NEW YORK, Defendant–Respondent.
Joseph A. Maria, P.C., White Plains (Edward A. Frey of counsel), for appellant. Willkie Farr & Gallagher LLP, New York (Jill K. Grant of counsel), for respondent.
Joseph A. Maria, P.C., White Plains (Edward A. Frey of counsel), for appellant.
Willkie Farr & Gallagher LLP, New York (Jill K. Grant of counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Paul Wooten, J.), entered December 13, 2013, granting defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The court properly found that plaintiff could not demonstrate that she could satisfy the requirements of Administrative Code § 7–201(c)(2), a precondition to suit, which must be pleaded and proved by plaintiff (see Sandler v. New York City Tr. Auth., 188 A.D.2d 335, 336, 591 N.Y.S.2d 17 [1st Dept.1992] ). The complaint and plaintiff's bill of particulars allege only that defendant caused or created the dangerous condition that resulted in her injuries. However, there is no evidence in the record that the condition was the result of defendant's affirmative negligence that immediately resulted in the condition (see Oboler v. City of New York, 8 N.Y.3d 888, 889, 832 N.Y.S.2d 871, 864 N.E.2d 1270 [2007] ).
Plaintiff failed to raise a triable issue of fact concerning prior notice or acknowledgment of the defect by defendant. Her assertion that 14 work orders for the area could not be located is insufficient since it is speculative that these work orders would have shown that defendant's work immediately resulted in the dangerous condition, especially because the documents that were produced indicated that all repairs to the bluestone slabs in the Park were completed prior to her fall.
FRIEDMAN, J.P., ACOSTA, MOSKOWITZ, RICHTER, KAPNICK, JJ., concur.