Opinion
2021-03991 2020-01777
06-22-2021
Thelma Gray, Plaintiff-Appellant, v. The City of New York et al., Defendants-Respondents. Index No. 157840/13 Appeal No. 14110
Craig L. Davidowitz, P.C., New York (Nolan Matz of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Julie Steiner of counsel), for respondents.
Craig L. Davidowitz, P.C., New York (Nolan Matz of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York (Julie Steiner of counsel), for respondents.
Before: Renwick, J.P., Kennedy, Scarpulla, Mendez, JJ.
Order, Supreme Court, New York County (Lyle E. Frank, J.), entered November 7, 2019, which granted defendants' (City) motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
In this personal injury action, where plaintiff was injured when she tripped and fell over a raised Department of Water Supply manhole cover, the City established prima facie entitlement to judgment as a matter of law by demonstrating that it did not receive prior written notice of the alleged dangerous condition as required by Administrative Code of City of NY § 7-201(c)(2) (see Yarborough v City of New York, 10 N.Y.3d 726, 728 [2008]). Plaintiff's conclusory allegations do not create a triable issue with respect to any of the exceptions to the written notice requirement (see Villaret v City of New York, 236 A.D.2d 216 [1st Dept 1997]).
We have considered plaintiff's remaining arguments and find them unavailing.