Mora v. City of New York
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Ash, J.), dated November 18, 2011, as granted that branch of the motion of the defendant City of New York which was for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the City of New York which was for summary judgment dismissing the complaint insofar as asserted against it is denied.
In this action to recover damages for personal injuries, the defendant City of New York moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against it, contending, among other things, that the map filed with the New York City Department of Transportation (hereinafter the DOT) by the Big Apple Pothole and Sidewalk Protection Corporation (hereinafter Big Apple) for the area where the plaintiff fell did not provide it with prior written notice of the alleged defect that caused the plaintiff to fall.
Where “there are ‘factual disputes regarding the precise location of the defect that allegedly caused a plaintiff’s fall, and whether the alleged defect is designated on the map, the question should be resolved by the jury’ ” (Bradley v City of New York, 38 AD3d 581, 582 [2007], quoting Cassuto v City of New
Because the City failed to establish its prima facie entitlement to judgment as a matter of law, that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it should have been denied, regardless of the sufficiency of the plaintiff’s opposing papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Rivera, J.P., Chambers, Roman and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.