Silverio v City of New York

Silverio v City of New York 2012 NY Slip Op 07894 Decided on November 20, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 20, 2012
Mazzarelli, J.P., Sweeny, Moskowitz, Renwick, Freedman, JJ.
8651 29841/02

[*1]Abraham Silverio, Plaintiff-Appellant, The

v

City of New York, Defendant-Respondent.




Fraiden & Palen, Bronx (Norman Fraiden of counsel), for
appellant.
Michael A. Cardozo, Corporation Counsel, New York (Norman
Corenthal of counsel), for respondent.

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered June 29, 2011, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was warranted since plaintiff failed to demonstrate that defendant had received prior written notice of the sidewalk defect that allegedly caused plaintiff's fall and resultant injuries (see Administrative Code § 7-201[c]; Katz v City of New York, 87 NY2d 241, 243 [1995]). The violation notices cited by plaintiff, dated 15 and 28 years before the accident, were too remote in time, and were superseded by a Big Apple map filed in 2001, which failed to depict any defect (id. at 244). Moreover, the notices relied upon by plaintiff fail to specify the defective condition, and indicate that they relate to an address other than the location of the defect referred to by
plaintiff in his notice of claim, complaint and testimony.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 20, 2012

CLERK