Zygnerski v. City of New York

Full title: ANDREW ZYGNERSKI, APPELLANT, v. CITY OF NEW YORK, RESPONDENT

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 21, 2001

283 A.D.2d 574 (N.Y. App. Div. 2001)

724 N.Y.S.2d 658

Opinion

May 21, 2001.

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated August 14, 2000, which, upon the granting of the defendant's motion for summary judgment dismissing the complaint, dismissed the complaint.

Peter P. Traub, Jr., New York, N.Y., for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Alan G. Krams of counsel; Joseph J. Sisca on the brief), for respondent.

ORDERED that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the complaint since the defendant City of New York established that it did not have prior notice of the alleged defect that caused the plaintiff to fall (see, Kempler v. City of New York, 272 A.D.2d 584; Sewell v. City of New York, 238 A.D.2d 331; Camacho v. City of New York, 218 A.D.2d 725).

BRACKEN, P.J., FRIEDMANN, FLORIO, H. MILLER and TOWNES, JJ., concur.