Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff Ella Bryant was injured when she stepped into a pothole on Farrington Street in the City of Newburgh. It is undisputed that the City did not receive prior written notice of the alleged defective condition. Absent such notice, a municipality is liable only for affirmative acts of negligence (see, City of Newburgh Code § C6.45...
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