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AETNA CAS. v. CITY OF N.Y.

116 Misc.2d 838 (1982)

Aetna Life and Casualty, as Subrogee of Mark Mergler, Plaintiff, v. City of New York, Defendant. Aetna Life and Casualty, as Subrogee of Sally Dreiband, Plaintiff, v. City of New York, Defendant.

Civil Court of the City of New York, Queens County.

November 18, 1982

Attorney(s) appearing for the Case

Di Tomasso & Di Tomasso (Edward T. Di Tomasso of counsel), for plaintiff. Frederick A. O. Schwarz, Jr., Corporation Counsel (Brian McGeough of counsel), for defendant.

WILLIAM D. FRIEDMANN, J.

Separate trials in these unrelated motor vehicle property damage proceedings, puts in focus the adequacy of proof of "construction" needed as an exception to the preclusionary prior written notice requirements of the "Pothole Law" (Administrative Code of City of New York, § 394a-1.0, subd d, par 2).

THE CONTENTIONS

Following plaintiff's proof in each proceeding, the defendant moved for a trial order of dismissal...

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