| Boggi v City of White Plains |
| 2012 NY Slip Op 05712 [97 AD3d 773] |
| July 25, 2012 |
| Appellate Division, Second Department |
| Marilyn Boggi et al., Appellants, v City of White Plains,Respondent. |
—[*1] Joseph A. Maria, P.C., White Plains, N.Y. (Edward A. Frey of counsel), forrespondent.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an orderof the Supreme Court, Westchester County (Loehr, J.), dated May 31, 2011, which granted thedefendant's motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant made a prima facie showing of its entitlement to judgment as a matter of lawby demonstrating that it lacked prior written notice of the allegedly defective condition thatcaused the subject accident (seeGroninger v Village of Mamaroneck, 17 NY3d 125, 129 [2011]; see also McCarthy v City of WhitePlains, 54 AD3d 828, 829 [2008]; Granderson v City of White Plains, 29 AD3d 739 [2006]). Inopposition, the plaintiffs failed to raise a triable issue of fact as to whether there was such priorwritten notice (see McCarthy v City of White Plains, 54 AD3d at 829). Furthermore,although the plaintiffs attempted to raise a triable issue of fact as to whether the defendantcreated the condition through an affirmative act of negligence (see Amabile v City ofBuffalo, 93 NY2d 471, 474 [1999]), they failed to do so (see Hyland v City of New York, 32 AD3d 822, 823-824 [2006]; see also Schleif v City of New York,60 AD3d 926, 927-928 [2009]; Diaz v City of New York, 56 AD3d 599, 600-601 [2008]).Accordingly, the Supreme Court properly granted the defendant's motion for summary judgmentdismissing the complaint. Skelos, J.P., Dickerson, Leventhal and Roman, JJ., concur.