Opinion
2012-11-20
Abraham SILVERIO, Plaintiff–Appellant, v. The 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.
Fraiden & Palen, Bronx (Norman Fraiden of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for respondent.
MAZZARELLI, J.P., SWEENY, MOSKOWITZ, RENWICK, FREEDMAN, JJ.
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 N.Y.2d 241, 243, 638 N.Y.S.2d 593, 661 N.E.2d 1374 [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The violation notices cited by plaintiff, dated 15 and 28 years before the accident, were too remote in time, and were superseded by a Big Apple map filed in 2001, which failed to depict any defect ( id.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, 638 N.Y.S.2d 593, 661 N.E.2d 1374). 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.