In Meltzer v City of New York (156 AD2d 124), the plaintiff tripped on a projecting gas valve housing on a Manhattan street.Summary of this case from Tucker v. N.Y
December 5, 1989
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
In this personal injury action brought by plaintiff, who tripped on a Manhattan street over a projecting gas valve housing installed by defendant Consolidated Edison, the city sought dismissal of the complaint for lack of prior notice of the street condition pursuant to the New York City "Pothole Law" (formerly Administrative Code of City of New York § 394a-1.0 [d] , now § 7-201 [c] ). We agree with the IAS court that the minor street defect was an "encumbrance" or "attachment" covered by the statute (Shaw v City of Auburn, 91 A.D.2d 817, affd for reasons stated below 59 N.Y.2d 780). Further, none of the street opening or work permits issued in and around the area provided the necessary notice to the city. The city presented a prima facie case for summary judgment, and the plaintiff failed to provide evidentiary facts showing a triable issue of fact (Capelin Assocs. v Globe Mfg. Corp., 34 N.Y.2d 338). None of the several documents produced demonstrated that plaintiff or anyone else had given notice of the particular defect causing her injuries.
Concur — Murphy, P.J., Ross, Milonas, Kassal and Rubin, JJ.