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KATZ v. CITY OF NEW YORK

87 N.Y.2d 241 (1995)

661 N.E.2d 1374

638 N.Y.S.2d 593

Alyce Katz, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 28, 1995.

Attorney(s) appearing for the Case

DiJoseph Portegello & Schuster, New York City (Arnold DiJoseph, III, and Richard J. Katz of counsel), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Elizabeth S. Natrella and Pamela Seider Dolgow of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA and LEVINE concur with Judge CIPARICK; Judge SMITH dissents and votes to reverse in a separate opinion in which Judges SIMONS and TITONE concur.

CIPARICK, J.

On February 13, 1988, plaintiff tripped on an alleged defect in the sidewalk on Second Avenue between East 71st and East 72nd Street in Manhattan, causing her to fall and suffer injury. In an attempt to comply with the statutory condition precedent of prior written notice, plaintiff filed a map dated June 5, 1986 with the City of New York depicting the defect that purportedly caused her fall. Supreme...

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