Kempler v. City of New York

• Decision Date: 30 May 2000
• Citation: Kempler v. City of New York, 272 AD2d 584, 709 N.Y.S.2d 818 (N.Y. App. Div. 2000)
• Court: New York Supreme Court — Appellate Division
• Parties: DONALD KEMPLER, Appellant,<BR>v.<BR>CITY OF NEW YORK, Respondent.

272 A.D.2d 584

709 N.Y.S.2d 818

DONALD KEMPLER, Appellant,

v.CITY OF NEW YORK, Respondent.

05-30-2000

O'Brien, J. P., Altman, Friedmann, McGinity and Smith, JJ., concur.

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 NY2d 241; Civello v City of New York, 255 AD2d 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 AD2d 339, affd 71 NY2d 912; Sparrock v City of New York, 242 AD2d 289).