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DONALD KEMPLER, Appellant, v. CITY OF NEW YORK, Respondent.

Ordered that the order is affirmed, with costs.

The defendant established, prima facie, its entitlement to judgment as a matter of law by proffering a copy of the most recent "Big Apple" map which had been filed with the Department of Transportation before the plaintiff's accident. That map did not show a defect at the location where the plaintiff allegedly fell ( see, Katz v. City of New York, 87 N.Y.2d 241; Civello v. City of New York, 255 A.D.2d 353). Furthermore, the intra-departmental work order submitted by an engineer with the New York City Department of Education did not satisfy the notice requirement of Administrative Code of the City of New York § 7-201(c) ( see, Laing v. City of New York, 133 A.D.2d 339, affd 71 N.Y.2d 912; Sparrock v. City of New York, 242 A.D.2d 289).

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KEMPLER v. CITY OF NEW YORK
(May 30, 2000)