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VERIZON N.Y. INC. v. CITY OF NEW YORK

111365/04 5790 5789.

159 A.D.3d 443 (2018)

69 N.Y.S.3d 486

2018 NY Slip Op 01427

VERIZON NEW YORK INC., Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 6, 2018.

Defendant made a prima facie showing that it had no prior notice of a defective water main at the location of the incident, as it found no records reflecting a water main break for two years prior to the event (see generally De Witt Props. v City of New York, 44 N.Y.2d 417, 424 [1978]; see also Clindinin v New York City Hous. Auth., 117 A.D.3d 628, 628 [1st Dept 2014]). Although there were...

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