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SILVA v. CITY OF NEW YORK

6 A.D.3d 604 (2004)

774 N.Y.S.2d 788

BACILIO SILVA et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

April 19, 2004.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the plaintiffs' complaint. The plaintiffs failed to provide the City of New York with prior written notice of the defect which allegedly caused the accident (see Administrative Code § 7-201 [c] [2]). Actual or constructive notice does not satisfy this requirement (see Amabile v City of Buffalo, 93 N.Y.2d 471, 475-476 [1999...

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