Gray v City of New York |
2021 NY Slip Op 03991 [195 AD3d 538] |
June 22, 2021 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Thelma Gray, Appellant, v City of New York et al., 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.
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 NY3d 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 AD2d 216 [1st Dept 1997]).
We have considered plaintiff's remaining arguments and find them unavailing. Concur—Renwick, J.P., Kennedy, Scarpulla, Mendez, JJ. [Prior Case History: 2019 NY Slip Op 33325(U).]