Opinion
1238
May 27, 2003.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about December 5, 2001, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Brian J. Isaac, for plaintiffs-appellants.
Ralph Janzen, for defendant-respondent.
Before: Buckley, P.J., Tom, Ellerin, Lerner, Friedman, JJ.
In light of defendant City's showing that it was not notified of the complained-of street defect pursuant to New York City Administrative Code § 7-201(c)(2), the burden shifted to plaintiffs to raise a triable issue as to whether defendant affirmatively caused or created the defect (see Bruni v. City of New York, 302 A.D.2d 545, 546 756 N.Y.S.2d 81, 82; Cuffey v. City of New York, 255 A.D.2d 203). Even if it is assumed that defendant dug the trench from which certain pavement cracks seem to originate, plaintiffs' proof does not permit a reasonably reliable inference that the defect was a consequence of defendant's allegedly negligent work ( see Carbo v. City of New York, 275 A.D.2d 439), rather than "normal" pavement deterioration over time ( see Zizzo v. City of New York, 176 A.D.2d 722, 723).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.