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Williams v. City of N.Y.

Fact Issues Exist if Defect Shown on Big Apple Map Same as One Causing Subject Accident

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The following papers numbered 1 to 5 read on the below motion noticed on October 30, 2017 and duly submitted on the Part IA15 Motion calendar of December 5, 2017:Papers Submitted NumberedDefs.’ Notice of Motion, Exhibits        1,2Pl.’s Aff. In Opp., Exhibits   3,4Def.s’ Reply Aff.  5DECISION/ORDER

*1  Upon the foregoing papers, the defendants The City of New York and The City of New York s/h/a The New York City Department of Transportation (“Defendants”) move for summary judgment, dismissing the complaint of the plaintiff Yasmine Williams (“Plaintiff”), pursuant to CPLR 3212. Plaintiff opposes the motion.BackgroundThis accident arises out of an alleged trip-and-fall accident that occurred on June 9, 2013, at approximately 9:00AM. Plaintiff claims that she was walking on East 180th Street near Vidalia Park in between Daly Avenue and Vyse Avenue when she tripped and fell over an uneven, cracked, and broken portion of the sidewalk. Defendants now move for summary judgment, alleging, that they had no prior written notice of the alleged defect, and none of the exceptions to the prior written notice rule apply.Standard of ReviewTo be entitled to the “drastic” remedy of summary judgment, the moving party “must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient

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