In an action to recover damages for personal injuries, etc., the defendant City of New York appeals from an order of the Supreme Court, Queens County (Orlikoff-Flug, J.), dated January 24, 2005, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Ordered that the order is reversed, on the law, with costs, the motion of the City of New York for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted, and the action against the remaining defendant is severed.
The plaintiff Min Whan Ock was injured when he tripped over several garbage bags that obstructed a pedestrian overpass within the City of New York. The City is not liable for a defect in or obstruction to a sidewalk or roadway unless it had received written notice of the condition at least 15 days prior to the occurrence and failed to remedy it (see Administrative Code of City of New York § 7-201 [c] [2]; Almodovar v City of New York, 240 AD2d 523 [1997]; Zinno v City of New York, 160 AD2d 795 [1990]). In opposition to the City’s motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, the plaintiffs conceded, in effect, that there was no prior written notice of this condition, but argued that garbage bags are a “transitory condition” and, as such, are not covered by Administrative Code § 7-201 (c). This argument is
Finally, there is no basis in the record for the denial of summary judgment pursuant to CPLR 3212 (f). The denial of summary judgment dismissing the complaint on that basis requires a showing that discovery might yield material facts that will warrant the denial of summary judgment (see De Lage Landen Fin. Servs. v Mannetti Assoc., 305 AD2d 365, 366 [2003]; Francis v Board of Educ. of City of Mount Vernon, 278 AD2d 449 [2000]; Venezia v Coldwell Banker Sammis Realty, 270 AD2d 480, 482 [2000]). Such relief is not available to forestall summary judgment where, as here, the request for additional discovery is nothing more than a fishing expedition (see Downey v Schneider, 23 AD3d 514, 517 [2005]). Krausman, J.P., Rivera, Spolzino and Lifson, JJ., concur.