Walker v. Jenkins
| Decision Date | 16 March 2016 |
| Parties | Francis WALKER, respondent, v. Devaris M. JENKINS, et al., defendants, City of New York, appellant. |
| Court | New York Supreme Court — Appellate Division |
137 A.D.3d 1014
27 N.Y.S.3d 242
Francis WALKER, respondent,
v.
Devaris M. JENKINS, et al., defendants,
City of New York, appellant.
Supreme Court, Appellate Division, Second Department, New York.
March 16, 2016.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Marta Ross of counsel), for appellant.
David B. Golomb, New York, N.Y. (Frank A. Longo of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., THOMAS A. DICKERSON, SHERI S. ROMAN, and JOSEPH J. MALTESE, JJ.
In an action to recover damages for personal injuries, the defendant City of New York appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Baynes, J.), dated October 9, 2013, as denied that branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff allegedly was injured when a vehicle in which she was a passenger came into contact with a pothole at the intersection of Marcus Garvey Boulevard and Lafayette Avenue in Brooklyn. The impact with the pothole allegedly caused the driver of the vehicle to lose control of the vehicle and strike a nearby grocery store. Thereafter, the plaintiff commenced this action to recover damages for personal injuries against, among others, the defendant City of New York, alleging that the City had prior written notice of the pothole. The City moved, inter alia, for summary judgment dismissing the complaint insofar as asserted against it, contending that it did not have prior written notice of the pothole. In support of its motion, the City submitted evidence including the most recent map submitted to the Department of Transportation by the Big Apple Pothole and Sidewalk Protection Corporation (hereinafter Big Apple). The plaintiff opposed the motion, contending that the map submitted by the City in support of its motion provided the City with prior written notice of the subject pothole. The Supreme Court denied the motion and the City...
To continue reading
Request your trial
-
Fisch v. City of N.Y.
...( Rodriguez v. City of New York, 152 A.D.3d 810, 810, 59 N.Y.S.3d 429 [internal quotation marks omitted]; see Walker v. Jenkins, 137 A.D.3d 1014, 1015, 27 N.Y.S.3d 242 ).Here, in support of her motion, the plaintiff submitted a Big Apple map, dating from 2003, which included a "v" symbol in......
- Gallis v. 23-21 33 Rd., LLC
- Ghumann v. City of N.Y.
-
Arutyunov v. City of N.Y.
...Big Apple) "to the Department of Transportation may serve as prior written notice of a defective condition" ( Walker v. Jenkins , 137 A.D.3d 1014, 1015, 27 N.Y.S.3d 242 ; see Katz v. City of New York , 87 N.Y.2d at 243, 638 N.Y.S.2d 593, 661 N.E.2d 1374 ; Vertsberger v. City of New York , 3......