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STRAUSS v. CITY OF NEW YORK

261 A.D.2d 532 (1999)

687 N.Y.S.2d 910

LORRAINE STRAUSS et al., Appellants, v. CITY OF NEW YORK, Respondent, and AJI DEDONA CONSTRUCTION CORP., Appellant.

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

Decided May 17, 1999.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendant City of New York by the appellants appearing separately and filing separate briefs.

The deposition testimony of Edwin Maher, an employee of the Department of Parks and Recreation of the City of New York, established, prima facie, the absence of notice to the City as a matter of law (see, Goldman v Waldbaum, Inc...

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