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CARVAJAL v. CITY OF NY

7 Misc.3d 509 (2005)

794 N.Y.S.2d 574

RAUL CARVAJAL, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

January 31, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel (Nita Kundanmal of counsel), for City of New York, defendant.

Taub & Marder, New York City (Kenneth Marder of counsel), for plaintiff.

OPINION OF THE COURT

ALLEN HURKIN-TORRES, J.

In Katz v City of New York (87 N.Y.2d 241 [1995]), the Court of Appeals held that, where a plaintiff seeks to establish prior written notice of a sidewalk defect via a map filed by the Big Apple Pothole and Sidewalk Protection Committee, Inc., it "is the most recent map received from Big Apple prior to an accident" that is controlling...

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