Speach v. Consolidated Edison Co.

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered January 29, 2007, which granted defendant City of New York’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Dismissal of the complaint as against the City was proper in this action where plaintiff was injured when she allegedly tripped and fell in a five-inch deep sinkhole located on a city street. The record establishes that the City lacked prior written notice of the defective condition as required under Administrative Code of the City of New York § 7-201 (c) (2)…