CARDONA v. CITY OF NEW YORK


305 A.D.2d 303 (2003)

759 N.Y.S.2d 323

JUANA CARDONA et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided May 27, 2003.


In light of defendant City's showing that it was not notified of the complained-of street defect pursuant to Administrative Code of the City of New York § 7-201 (c) (2), the burden shifted to plaintiffs to raise a triable issue as to whether defendant affirmatively caused or created the defect (see Bruni v City of New York, 302 A.D.2d 545, 546 [2003]; Cuffey v City of New York, 255 A.D.2d 203

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