Opinion
2825, 104943/11.
03-23-2017
Eileen STEIN, Plaintiff–Appellant, v. The CITY OF NEW YORK, Defendant–Respondent, Consolidated Edison Company of New York, Inc., et al., Defendants.
David Horowitz, P.C., New York (Piotr M. Burdzy of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), and Willkie Farr & Gallagher LLP, New York (Alexander L. Cheney of counsel), for respondent.
David Horowitz, P.C., New York (Piotr M. Burdzy of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), and Willkie Farr & Gallagher LLP, New York (Alexander L. Cheney of counsel), for respondent.
FRIEDMAN, J.P., RENWICK, RICHTER, MOSKOWITZ, KAPNICK, JJ.
Order, Supreme Court, New York County (Frank P. Nervo, J.), entered February 20, 2015, which granted the motion of defendant City of New York for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.
The City established its entitlement to judgment as a matter of law in this action where plaintiff alleges that she was injured when, while crossing the street within the crosswalk, she tripped and fell in a pothole. The City submitted evidence showing that it neither created nor had written notice of the defective condition that caused plaintiff to fall (Administrative Code of City of N.Y. § 7–201[c] ; see e.g. Rosenblum v. City of New York, 89 A.D.3d 439, 931 N.Y.S.2d 326 [1st Dept.2011] ).
In opposition, plaintiff failed to raise a triable issue of fact. Plaintiff offers only speculation that further discovery may yield evidence that raises a triable issue (see e.g. First City Natl. Bank and Trust Co. v. Heaton, 165 A.D.2d 710, 712, 563 N.Y.S.2d 783 [1st Dept.1990] ).