Alvino v. City of New York
Opinion of the Court
The plaintiff commenced this action to recover damages from the defendant City of New York for injuries allegedly sustained when he stepped on a loose metal plate on the sidewalk and fell into a hole. The City cannot be held liable for a defect in a sidewalk unless, inter alia, it received written notice of the defect, or made a written acknowledgment of the condition, and failed to remedy the condition within 15 days after the notification or acknowledgment (see Administrative Code of City of NY § 7-201 [c] [2]; Bruni v City of New York, 2 NY3d 319, 324-326 [2004]). Here, while there was a written acknowledgment of the defect from the City, the accident occurred within the 15-day grace period (see Kruszka v City of New York, 29 AD3d 742, 743 [2006]; Silva v City of New York, 17 AD3d 566, 567 [2005]).
Consequently, the Supreme Court should have granted the City’s cross motion for summary judgment dismissing the complaint (see Kruszka v City of New York, 29 AD3d at 743; Silva v City of New York, 17 AD3d at 567). Mastro, J.P., Covello, Eng and Belen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.