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MILLER v. CITY OF NEW YORK

225 A.D.2d 396 (1996)

640 N.Y.S.2d 11

Marc A. Miller, Individually and as Executor of Denise G. Miller, Deceased, Respondent-Appellant, v. City of New York, Appellant-Respondent

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

March 19, 1996

The IAS Court properly denied the City's motion to dismiss the complaint on the grounds that the City had not been given prior written notice of the alleged highway defect pursuant to Administrative Code of City of New York § 7-201 (c) (2). Such notice is not required where it is shown that the municipality was affirmatively negligent in causing or creating the defective condition (see, Messina v City of New York, 190 A.D.2d 659

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