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MILLER v. CITY OF NEW YORK

217 A.D.2d 537 (1995)

629 N.Y.S.2d 74

Melissa Miller, an Infant, by Her Mother and Natural Guardian, Geraldine Palmer, et al., Appellants, v. City of New York et al., Respondents

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

July 3, 1995

Ordered that the order is affirmed, with costs.

The infant plaintiff alleged that she was injured when she fell while playing on a handball court maintained by the defendants. The alleged cause of her injury was a crack in the concrete. At the commencement of trial, the court granted the defendants' motion and dismissed the complaint because no prior written notice of the defect was provided as required by the Administrative Code of the City of New York (see

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