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PAUL WANER, Plaintiff-Appellant, v. THE CITY OF NEW YORK, Defendant-Respondent.

Inasmuch as defendant's prima facie showing of entitlement to judgment as a matter of law went unrebutted by plaintiff, the grant of summary judgment dismissing the complaint was proper ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). The markings relied upon by plaintiff on the Big Apple Pothole and Sidewalk Protection Corporation map are insufficient to raise any triable issue as to whether defendant had notice of the particular hazard alleged ( see Camacho v. City of New York, 218 A.D.2d 725, 726).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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WANER v. CITY OF NEW YORK
(Mar 25, 2004)