Baidal v. City of New York

OPINION OF THE COURT

Phyllis Orlikoff Flug, J.

Defendant, the City of New York, moves, inter alia, for summary judgment, dismissing plaintiff’s complaint as asserted against it.

This is an action to recover damages for personal injuries allegedly sustained by plaintiff on August 4, 2013 as a result of a trip and fall due to the presence of a pothole in the crosswalk at the intersection of Elmhurst Avenue and Roosevelt Avenue, in the County of Queens, City and State of New York.

On a motion for summary judgment, the proponent “must make a prima facie showing of entitlement to judgment as a matter…