GONZALEZ
Novo Law Firm, P.C., New York (James S. Paglinawan of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for The City of New York, respondent.
Carole A. Borstein, New York (Stephen T. Brewi of counsel), for Consolidated Edison Company of New York, Inc., respondent.
London Fischer LLP, New York (James Walsh of counsel), for Felix Equities, Inc., respondent.
Law Office of James J. Toomey, New York (Eric P. Tosca of counsel), for Nico Asphalt Paving, Inc., respondent.
GONZALEZ, P.J., FRIEDMAN, SWEENY, MOSKOWITZ, CLARK, JJ.
Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered June 21, 2012, which, to the extent appealed from as limited by the briefs, granted defendants' motions for summary judgment dismissing the complaint as against them, unanimously modified, on the law, to deny the City's motion, and otherwise affirmed, without costs.
Although defendants' motions were made after the 60–day time limit set by the motion court for summary judgment motions (CPLR 3212[a] ), the court properly considered the motions because they sought relief nearly identical to that sought in third-party and fourth-party defendants Felix Equities, Inc.'s and Nico Asphalt Paving, Inc.'s timely motions ( see Filannino v. Triborough Bridge & Tunnel Auth., 34 A.D.3d 280, 281, 824 N.Y.S.2d 244 [1st Dept.2006], appeal dismissed9 N.Y.3d 862, 840 N.Y.S.2d 765, 872 N.E.2d 878 [2007];see also Conklin v. Triborough Bridge & Tunnel Auth., 49 A.D.3d 320, 321, 855 N.Y.S.2d 54 [1st Dept.2008] ).
Con Edison established prima facie that it did not cause or create the condition that caused plaintiff's accident. Its employee testified that the four excavations, or “cuts,” made on Murray Street were outside the area where plaintiff testified her foot got caught in a “deep crack” or hole ( see Jones v. Consolidated Edison Co. of N.Y., Inc., 95 A.D.3d 659, 944 N.Y.S.2d 544 [1st Dept.2012]; Robinson v. City of New York, 18 A.D.3d 255, 794 N.Y.S.2d 378 [1st Dept.2005] ). Plaintiff failed to raise an issue of fact in opposition, since she did not address the record evidence of the location of the work performed.
The City failed to establish its entitlement to summary judgment since it submitted no evidence indicating that it had no notice of the defective condition in the street ( see Gonzalez v. City of New York, 268 A.D.2d 214, 700 N.Y.S.2d 462 [1st Dept.2000] ). Contrary to the City's sole contention on the motion, plaintiff's description of the defective condition in the street was sufficient to identify the cause of her fall; any ambiguity in her testimony, given through a translator, goes to the weight of her evidence, and does not require dismissal of the complaint ( see Alvarez v. New York City Hous. Auth., 295 A.D.2d 225, 226, 744 N.Y.S.2d 25 [1st Dept.2002]; Garcia v. New York Tr. Auth., 269 A.D.2d 142, 703 N.Y.S.2d 4 [1st Dept.2000] ).