Pena v. City of Yonkers

The infant plaintiff allegedly was injured when her right foot came into contact with a piece of metal protruding from the grassy area of a public sidewalk.

The defendant, City of Yonkers, established its prima facie entitlement to judgment as a matter of law by submitting evidence sufficient to demonstrate that it did not have prior written notice of the alleged defect (see Charter of City of Yonkers § C24-11; Lawler v City of Yonkers, 45 AD3d 813 [2007]; Rochford v City of Yonkers, 12 AD3d 433 [2004]). In opposition, the plaintiffs failed to raise a triable issue of fact because they offered…