MESSINA v. CITY OF NEW YORK


190 A.D.2d 659 (1993)

Mary Messina et al., Appellants, v. City of New York, Respondent, et al., Defendant

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

February 1, 1993


Ordered that the judgment is affirmed, with costs.

In this action to recover damages caused by an allegedly defective condition in a roadway, the court properly granted the respondent's motion pursuant to CPLR 4401 to dismiss the complaint on the ground that the City had not received prior written notice of the condition as required by Administrative Code of the City of New York § 7-201 (c) (2). Although prior written notice is not required where it is claimed...

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