SEWELL v. CITY OF NEW YORK


238 A.D.2d 331 (1997)

656 N.Y.S.2d 916

Carl Sewell, Appellant, v. City of New York, Respondent

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

April 7, 1997


Ordered that the judgment is affirmed, with costs.

The plaintiff alleged that he sustained personal injuries when he was thrown from his bicycle as a result of a defect in the roadway.

Pursuant to New York City's "Pothole Law" (Administrative Code of the City of New York § 7-201 [c] [2]), prior written notice is a condition precedent to maintaining an action against the City of New York arising from a street defect, and it must be pleaded and proved ...

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