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Vega v. 103 Thayer Street, LLC

23 N.Y.3d 1027 Court N.Y. Decision date 2014-07-01 English

Judges Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.

Contents

Majority

p. 1027
[16 NE3d 1255, 992 NYS2d 776]
Ana Vega, Respondent, v 103 Thayer Street, LLC, Defendant, and City of New York, Appellant.
Decided July 1, 2014
p. 1028
APPEARANCES OF COUNSEL
Michael A. Cardozo, Corporation Counsel, New York City (Susan Paulson of counsel), for appellant.
Levine & Wiss, PLLC, Mineola (Anthony A. Ferrante of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, order of Supreme Court, New York County, reinstated, and certified question answered in the negative. The City was entitled to judgment as a matter of law. The markings on the Big Apple Map failed to raise an issue of fact as to whether the City had prior written notice of the alleged defect.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.