MELTZER v. CITY OF NEW YORK


156 A.D.2d 124 (1989)

Ethel Meltzer, Appellant, v. City of New York et al., Respondents. (And Third- and Fourth-Party Actions.)

Appellate Division of the Supreme Court of the State of New York, First Department.

December 5, 1989


In this personal injury action brought by plaintiff, who tripped on a Manhattan street over a projecting gas valve housing installed by defendant Consolidated Edison, the city sought dismissal of the complaint for lack of prior notice of the street condition pursuant to the New York City "Pothole Law" (formerly Administrative Code of City of New York § 394a-1.0 [d] [2], now § 7-201 [c] [2]). We agree with the IAS court that the minor street defect was an "encumbrance...

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