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CUFFEY v. CITY OF NEW YORK

255 A.D.2d 203 (1998)

680 N.Y.S.2d 14

Shamiqua M. Cuffey, an Infant, by Her Mother and Natural Guardian, Deborah R. Cuffey, et al., Appellants, v. City of New York, Respondent

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

November 17, 1998

The motion court properly dismissed plaintiffs' complaint in light of plaintiffs' failure to raise a triable issue as to whether defendant had prior written notice, pursuant to Administrative Code of the City of New York § 7-201 (c) (2), of the sidewalk defect alleged to have caused the infant plaintiff's harm (see, Curci v City of New York, 209 A.D.2d 574, 574-575). The alleged curb and/or sewer cap defect does not appear...

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