BERNSTEIN v. CITY OF NEW YORK


221 A.D.2d 214 (1995)

633 N.Y.S.2d 488

Sandra Bernstein, Individually and as Administratrix of The Estate of Benjamin P. Bernstein, Deceased, Respondent, v. City of New York, Appellant

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

November 14, 1995


Defendant's motion was properly denied. Here, defendant had actual knowledge of the defective bridge condition that caused the decedent's death by reason of the written report of the Department of Transportation's inspector that had noted the defect seven days earlier. Actual knowledge of a defect is an exception to the prior written notice requirement and where there is such notice, the 15 day grace period under the "pothole law" (Administrative Code of City of NY §...

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