Opinion
Submitted May 17, 2000.
July 10, 2000.
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Taylor, J.), dated July 26, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Fred Ehrlich, P.C., New York, N.Y. (Theodore P. Kaplan of counsel), for appellants.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Leonard Koerner and Edward F. X. Hart of counsel), for respondent.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The plaintiffs' decedent was allegedly injured when he tripped and fell on a defective sidewalk. The most current map of the subject location, prepared by the "Big Apple Pothole Sidewalk Protection Corp.", and filed with the City of New York approximately seven months before the accident, did not contain the defect alleged by the plaintiffs in the area in question. Accordingly, as the City had no prior written notice of the complained of defect, the action against it was properly dismissed (see, Katz v. City of New York, 87 N.Y.2d 241; Welsh v. City of New York, 258 A.D.2d 647; Dallal v. City of New York, 257 A.D.2d 354; Halali v. City of New York, 253 A.D.2d 849; Administrative Code of City of New York § 7-201[c][2]).