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DeLACRUZ v. CITY OF NEW YORK

153351/15. Appeal No. 16292. Case No. 2021-02033.

208 A.D.3d 1130 (2022)

174 N.Y.S.3d 578

2022 NY Slip Op 05370

Jose DeLaCruz, Appellant, et al., Plaintiff, v. City of New York, Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided September 29, 2022.

Attorney(s) appearing for the Case

Carter Reich, PC, New York (Carter Reich of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Jeremy Pepper of counsel), for respondent.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Pitt, JJ.

Defendant established prima facie entitlement to judgment as a matter of law by demonstrating that it did not have prior written notice of the construction gravel that plaintiff claims caused his accident (see Yarborough v City of New York, 10 N.Y.3d 726, 728 [2008]; see also Campisi v Bronx Water & Sewer Serv., 1 A.D.3d 166 [1st Dept 2003]). Plaintiff contends that corrective action...

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