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BERKOWITZ v. LIEBER

286 A.D.2d 408 (2001)

729 N.Y.S.2d 897

JUDY BERKOWITZ et al., Appellants, v. MARTIN M. LIEBER, Defendant, and CITY OF NEW YORK et al., Respondents.

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

Decided August 20, 2001.

Ordered that the order is affirmed, with costs.

The respondents were prejudiced by the plaintiffs' inadequate notice of claim, which made it impossible to locate the purported dangerous condition and conduct a meaningful investigation to assess the merits of the injured plaintiff's claim (see, Cappadonna v New York City Tr. Auth., 187 A.D.2d 691). Accordingly, the Supreme Court properly dismissed the complaint insofar as...

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