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 of City of New York § 7-201 [c] [2]). Actual or constructive notice does not satisfy this requirement (see Amabile v City of Buffalo,
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SILVA v. CITY OF NEW YORK
17 A.D.3d 566 (2005)
793 N.Y.S.2d 478
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.https://leagle.com/images/logo.png
April 18, 2005.
April 18, 2005.
Appellate Division of the Supreme Court of the State of New York, Second Department.
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