Flynn v. City of New York

Order, Supreme Court, New York County (Margaret A. Chan, J-), entered September 13, 2016, which, insofar as appealed from as limited by the briefs, granted defendants’ cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Upon defendants’ establishment that the City of New York had no prior written notice of the alleged depressed condition of a metal plate on the roadway (Administrative Code of City of NY § 7-201 [c] [2]), “the burden shift[ed] to the plaintiff to demonstrate the applicability of one of two recognized exceptions to the rule — that the…