SOLONE v. CITY OF NEW YORK


238 A.D.2d 332 (1997)

656 N.Y.S.2d 915

Alvin D. Solone, 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 order is affirmed, with costs.

It is well settled that Administrative Code of City of New York § 7-201 (c) (2) requires a plaintiff to plead and prove that the City had prior notice of a defect in any "street, highway * * * [or] sidewalk" unless it can be demonstrated that the City was affirmatively negligent in causing or creating the defective condition (see, Miller v City of New York, 225 A.D.2d 396

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