Kapilevich v. City of New York

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered on or about October 25, 2011, which, insofar as appealed from, granted the cross motion of defendant City of New York for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

The City established its entitlement to judgment as a matter of law in this action where plaintiff alleges that she tripped and fell on a metal vault cover located within a crosswalk after it suddenly began to shake. The City submitted evidence showing that it did not have prior written…