Zarnalieva v. City of New York

2022 NY Slip Op 01479

Tamilla Zarnalieva, appellant, v. City of New York, et al., respondents.

No. 2019-05057, Index No. 502886/17

Supreme Court of New York, Second Department

March 9, 2022

Gennady Yankilevich, P.C., Brooklyn, NY (Nicholas W Kowalchyn of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Claude S Platton and Kevin Osowski of counsel), for respondents.

ANGELA G. IANNACCI, J.P. ROBERT J. MILLER JOSEPH J. MALTESE WILLIAM G. FORD, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Reginald A. Boddie, J.), dated March 8, 2019. The order granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries against the defendants, City of New York and New York City Department of Transportation, alleging that as she was crossing Brighton Beach Avenue in Brooklyn, she tripped on a "hole" in the crosswalk and fell. After discovery, the defendants moved for summary judgment dismissing the complaint. In the order appealed from, dated March 8, 2019, the Supreme Court granted the defendants' motion, and the plaintiff appeals.

The defendants established their prima facie entitlement to judgment as a matter of law through evidence demonstrating that a search of the City's records revealed that the City had not received prior written notice of the condition that allegedly caused the plaintiff's injury and contrary to the plaintiff's allegations in the complaint, that the City did not create the condition through an affirmative act of negligence (see Caballero v City of New York, 198 A.D.3d 713, 713; Wald v City of New York, 115 A.D.3d 939, 940-941).

In opposition, the plaintiff failed to raise a triable...