The following e-filed documents, listed by NYSCEF document number (Motion 002) 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90 were read on this motion for JUDGMENT — SUMMARY. DICISION + ORDER ON MOTION Upon the foregoing documents, the motion by defendants the City of New York and New York City Department of Transportation (“DOT” and, collectively, the “City”) for summary judgment dismissing this action is granted for the reasons set forth below. On October 3, 2019, plaintiff commenced this action alleging that on April 19, 2019, he sustained injuries “when a metal plate (that was being used in connection with certain roadway work) popped-up/lifted and then crashed down onto [p]laintiff” while he was traversing the crosswalk in the intersection of West 39th Street and Tenth Avenue, New York, New York (NYSCEF Doc. No. 67 [Compl. at 15]). At his examination before trial (“EBT”), plaintiff testified that A.…Once I had the light, I crossed from the north side of [West] 39th to cross [West] 39th Street in the crosswalk. Then I was going to step over the metal plate. I heard a really loud metallic rumble and boom. And the plate had popped up. And at that point my right foot slid underneath the plate. And the plate crushed it causing excruciating pain…Then I heard another rumble. The same kind of metallic rumble. The plate popped out and my foot slipped out. Q. Now, you said the plate popped up. Do you know how the plate popped up? A. The plate extended into traffic. And the traffic drove over it causing the plate to move. (NYSCEF Doc. No. 75 [Culbertson EBT at pp. 13-14]). Plaintiff’s complaint asserts that the City, Triumph Construction Corp., and Consolidated Edison Company of New York, Inc. and Consolidated Edison, Inc. were negligent in maintaining the metal plate that caused plaintiff’s injuries (NYSCEF Doc. No. 67 [Compl. at 81]). The City now moves, pursuant to CPLR §3212, for summary judgment dismissing the complaint and all crossclaims against it on the grounds that it did not receive prior written notice of the defective condition as required by Administrative Code §7-201. In support of its motion, the City submits the affidavit of Henry Williams, a DOT employee, detailing the results of record searches he performed for: (i) roadway of West 39th Street, between Tenth Avenue and Ninth Avenue, including the Lincoln Tunnel Entrance, Lincoln Bus Exit, and Dyer Avenue; and (ii) the intersection of West 39th Street and Tenth Avenue, including the Lincoln Tunnel Entrance, for the two-year period prior to and including the date of the subject accident (NYSCEF Doc. No. 80 [Williams Aff. at
