Gill v. City of Mount Vernon

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered September 14, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The evidence submitted by the defendant in support of its motion established a prima facie case that it did not create the alleged hazardous condition, and had neither actual nor constructive notice of it (see, CPLR 3212 [b]; Richman v John, 272 AD2d 535). The burden then shifted to the…