Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

KEMPLER v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
May 30, 2000
Important Paras
Please sign up to view Important Paras.

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 ยง 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).