Summary
In Dallal (supra), the Appellate Division, First Department, relied upon Katz in affirming the award of summary judgment dismissing the plaintiff's complaint for lack of prior written notice, in spite of an attempt by Big Apple's Director to refute the factual underpinnings of Katz (supra, at 244-245; 257 AD2d, supra, at 355).
Summary of this case from Gallery v. City of NYOpinion
January 5, 1999.
Appeal from the Supreme Court, New York County (Jane Solomon, J.).
Despite the attempt of the Director of the Big Apple Pothole and Sidewalk Protection Corporation to refute the factual premise underlying such decision, the holding of the Court of Appeals in Katz v. City of New York ( 87 N.Y.2d 241, 245) that it is a "reasonable expectation that in the event two Big Apple maps depict the same area and both predate plaintiff's accident, the later dated map most accurately portrays the area on the date of the accident" is controlling and dispositive of plaintiff's cause of action against the City as well as the City's third-party action (see, Frank v. City of New York, 240 A.D.2d 198; see also, Civello v. City of New York, 255 A.D.2d 353; Halali v. City of New York, 253 A.D.2d 849). We have considered defendants' arguments on their cross-appeals regarding the de minimis nature of the alleged defect and find them unpersuasive.
Concur — Sullivan, J.P., Rosenberger, Nardelli, Williams and Andrias, JJ.