McCauliffe v. City of Syracuse

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Plaintiff failed to raise a factual issue whether the defect noted on a record of complaints maintained by defendant’s Department of Public Works is the same defect that allegedly caused her accident and injuries (see, Ortsman v Town of Oyster Bay, 178 AD2d 588). Plaintiff submitted no evidence to show that the 1989 complaint of a "low spot” in the road in front of 357 Elm Street, which…