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DUNN v. CITY OF NEW YORK

Index No. 152389/15, Appeal No. 16065, Case No. 2021-04586.

206 A.D.3d 403 (2022)

169 N.Y.S.3d 620

2022 NY Slip Op 03570

Susan Abdul-Malik Dunn, Appellant, v. City of New York, Respondent.

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

Decided June 2, 2022.

Attorney(s) appearing for the Case

Richard L. Giampa, P.C. Bronx (Richard L. Giampa of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Rebecca L. Visgaitis of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Kapnick, Shulman, Rodriguez, Higgitt, JJ.

Plaintiff alleges that as she was walking on the campus of City College, which the City owned and maintained, she tripped and fell on a gap between the roadway and a hydrant gate box cover. The City established its prima facie entitlement to summary judgment by submitting proof establishing that it did not have notice of the allegedly defective condition, and plaintiff does not dispute that the City did not receive prior written notice of the gap around the hydrant valve...

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