Opinion
February 22, 1999
Appeal from the Supreme Court, Kings County (Ramirez, J.).
Ordered that the judgment is affirmed, with costs.
The plaintiff was allegedly injured when she tripped and fell on a defective sidewalk. The most current map of the subject location prepared by the "Big Apple Pothole Sidewalk Protection Corp." and filed with the City of New York approximately four months before the plaintiff's accident, did not indicate a defect in the area in question. Accordingly, as the City had no prior written notice of the sidewalk defect complained of, the action as against it was properly dismissed (see, Katz v. City of New York, 87 N.Y.2d 241; see also, Eidelman v. Hochauser, 242 A.D.2d 596; Administrative Code of City of N.Y. § 7-201 [c] [2]).
In view of our determination with regard to the lack of notice, we do not reach the issue of whether the defect was so trivial as to be nonactionable (cf., Trincere v. County of Suffolk, 90 N.Y.2d 976).
Ritter, J. P., Sullivan, Altman and McGinity, JJ., concur.