DIANA WORTHMAN, plf-ap, v. THE CITY OF NEW YORK, def-res

4093. DIANA WORTHMAN, plf-ap, v. THE CITY OF NEW YORK, def-res — Marder, Eskesen & Nass, New York (Clifford D. Gabel of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for res — Order, Supreme Court, New York County (Margaret A. Chan, J.), entered August 4, 2015, which granted defendant City of New York's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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4093. DIANA WORTHMAN, plf-ap, v. THE CITY OF NEW YORK, def-res — Marder, Eskesen & Nass, New York (Clifford D. Gabel of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for res — Order, Supreme Court, New York County (Margaret A. Chan, J.), entered August 4, 2015, which granted defendant City of New York’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The City made a prima facie showing that it did not have prior written notice of the defective roadway condition that allegedly caused plaintiff to trip and fall (see Administrative Code of City of NY §7-201[c][2]; Yarborough v. City of New York, 10 NY3d 726, 728 [2008]). Although some of the documents submitted by the City in support of its motion showed the existence of potholes and defects at the accident site during the two years leading up to the accident, there was no proof that any of these defects — all of which were repaired — were the cause of the accident. In any event, “[t]he awareness of one defect in the area is insufficient to constitute notice of a different particular defect which caused the accident” (Roldan v. City of New York, 36 AD3d 484, 484 [1st Dept 2007]). Moreover, “the City’s records of citizen reports of…potholes in the area and FITS reports of repairs made to potholes…did not provide the City with prior written notice of the particular defect in the crosswalk where plaintiff fell” (Stoller v. City of New York, 126 AD3d 452, 452 [1st Dept 2015]; see Haulsey v. City of New York, 123 AD3d 606 [1st Dept 2014]).

DIANA WORTHMAN, plf-ap, v. THE CITY OF NEW YORK, def-res

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