Sondervan v City of New York
2011 NY Slip Op 04295 [84 AD3d 625]
May 24, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 6, 2011


Maureen A. Sondervan, Appellant-Respondent,
v
City of New York, Respondent-Appellant, et al., Defendant.

[*1] Trolman, Glaser & Lichtman, P.C., New York (Michael T. Altman of counsel), and Stuart R. Lang, New York, for appellant-respondent.

Michael A. Cardozo, Corporation Counsel, New York (Dona B. Morris of counsel), for respondent-appellant.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered August 13, 2008, which denied defendant City of New York's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

A plaintiff is required to demonstrate prior written notice of a sidewalk defect as a condition precedent to maintaining an action against the City (Administrative Code of City of NY § 7-201 [c] [2]; see Amabile v City of Buffalo, 93 NY2d 471 [1999]), notwithstanding the City's ownership of the abutting property (Administrative Code § 7-210 [d]). The City concedes that the Big Apple Pothole map on which plaintiff relies shows a sidewalk defect in the vicinity of where plaintiff fell. Disputes as to whether the location and nature of the defect are sufficiently portrayed so as to bring the condition to the municipality's attention involve factual questions appropriately resolved at trial (see Reyes v City of New York, 63 AD3d 615, 615 [2009], lv denied 13 NY3d 710 [2009]; Almadotter v City of New York, 15 AD3d 426, 427 [2005]). Concur—Tom, J.P., Saxe, Friedman, Sweeny and Abdus-Salaam, JJ.