CUFFEY CUFFEY v. CITY OF NEW YORK (1998)

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about August 12, 1997, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

 The motion court properly dismissed plaintiff's complaint in light of plaintiffs' failure to raise a triable issue as to whether defendant had prior written notice pursuant to New York City Administrative Code § 7-201(c)(2) of the sidewalk defect alleged to have caused the infant plaintiff's harm (see, Curci v. City of New York, 209 A.D.2d 574, 574-575, 619 N.Y.S.2d 98).   The alleged curb and/or sewer cap defect does not appear on the relevant map prepared by the Big Apple Pothole and Sidewalk Corporation relied upon by plaintiffs to establish that defendant was afforded the requisite notice.   We note in addition that while prior written notice is not a condition of municipal liability where a plaintiff is able to demonstrate that the City caused or created the alleged defect, here plaintiff has presented no evidence to sustain such a theory (compare, Cruz v. City of New York, 218 A.D.2d 546, 630 N.Y.S.2d 523).

MEMORANDUM DECISION.