BIELECKI v. CITY OF NEW YORK


14 A.D.3d 301 (2005)

788 N.Y.S.2d 67

TOMASZ BIELECKI, Appellant, v. CITY OF NEW YORK, Respondent.

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

January 4, 2005.


Plaintiff fell and injured himself when he stepped into an ankle-deep hole in a pedestrian pathway in Central Park. There is no evidence that defendant (the City) received prior written notice of the defect in the pathway, as required under the Pothole Law (Administrative Code of City of NY § 7-201 [c] [2]) to render the City liable for injuries caused by such defect. Accordingly, the trial court correctly granted the City's motion to set aside the jury's verdict in...

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