![]() The NYC.gov complaint was not investigated further because, according to the notes, " requires an in-front of street address or an intersection corner direction to perform an inspection" (id.). 2013 fall, regarding a "broken pedestrian ramp" at the intersection of Liberty and Nassau Streets (SRNo. One such complaint was an anonymous NYC.gov complaint submitted on August 6, 2013, approximately a month before Plaintiff's September 4. ![]() Garcia's search produced three complaints (Garcia Aff ¶ 3 NYSCEF 33). Another DOT employee, Danny Garcia, also conducted a two-year search for maintenance, inspection, repair, work order, and complaint records for "the pedestrian ramps located at Liberty Street and Nassau Street (Corner of 19 Liberty Street)" (NYSCEF 32/City Exh I ¶ 3). Henry Williams, a DOT employee, personally conducted a two-year search for permits, applications, corrective action requests, notices of violation, inspections, contracts, maintenance and repair orders, complaints, resurfacing and milling records, and Big Apple Maps, which resulted in the production of numerous records (NYSCEF 31/City Exh H ¶¶ 3-5 ). Based on Plaintiff's pleadings and testimony, the City conducted a Department of Transportation ("DOT") sidewalk record search for the location of Liberty Street between Nassau and William Streets, and for Nassau Street between Liberty Street and Maiden Lane in the two years prior to the subject incident (NYSCEF 29-30/City Exhs F, G ). Plaintiff testified that on September 4, 2013, she fell when her foot became caught in a wide gap in the curb line of the northeast corner of Nassau and Liberty Streets, in front of the Federal Reserve building (50-h 11, et seq.). On February 10, 2014, Plaintiff appeared for a General Municipal Law (GML) § 50-h hearing (NYSCEF 27/City Exh E ). For the reasons below, the Court denies the City's motion, and grants Plaintiff's cross-motion to amend. Plaintiff opposes, and cross-moves, pursuant to CPLR 3025(c), to amend the Complaint to conform to the evidence that is, to reflect that prior written notice of the Defect had been submitted via NYC.gov. The City now moves: (1) pursuant to CPLR 3211(a)(7), to dismiss for failure to plead prior written notice more specifically, the City argues that it was only informed via a NYC.gov complaint of a defect at the intersection generally, not the specific corner where Plaintiff fell and (2) pursuant to CPLR 3212, for summary judgment dismissing the Complaint, arguing that the City did not receive prior written notice of the Defect, and did not cause or create the Defect. Plaintiff Joanne Mullen commenced this action against the City of New York (the "City") to recover for injuries allegedly sustained on Septemwhen Plaintiff tripped and fell on a "large gap between the stone and cement portions" of the sidewalk located at the northeast corner of the intersection of Nassau and Liberty Streets, New York, New York (the "Defect"). This opinion is uncorrected and will not be published in the printed Official Reports. ![]() ![]() Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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