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ROYSTER v. CITY OF NEW YORK

26 A.D.3d 234 (2006)

808 N.Y.S.2d 550

ALFREDA ROYSTER, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

February 16, 2006.

The complaint was properly dismissed as against the City in the absence of evidence that the City received prior written notice of the alleged roadway defect (Administrative Code of City of NY § 7-201 [c] [2]; see Katz v. City of New York, 87 N.Y.2d 241, 243 [1995]). Contrary to plaintiff's suggestion, the action was not dismissed against the City for failure to file a notice...

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