PARKS v. HUTCHINS


78 N.Y.2d 1049 (1991)

Veronica K. Parks et al., Respondents, v. Theodore Hutchins et al., Defendants, Long Island Rail Road, Respondent, and City of New York, Appellant.

Court of Appeals of the State of New York.

Decided October 17, 1991.


Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Trudi Mara Schleifer and Ellen B. Fishman of counsel), for appellant.

Charles Haydon and Thomas Rubertone for Veronica K. Parks and another, respondents.

Steven J. Ahmuty, Jr., for Long Island Rail Road, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Judge BELLACOSA taking no part.


MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

We agree with the Appellate Division that, in the circumstances of this case, defendant City of New York was not entitled to prior written notice pursuant to the so-called "pothole law" (Administrative Code of City of New York § 7-201 [c] [2] [formerly § 394a-1.0 [d] [2])...

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