WALKER v. CITY OF NEW YORK


34 A.D.3d 226 (2006)

825 N.Y.S.2d 445

DIANE WALKER, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided November 2, 2006.


The trial court properly set aside the verdict against the City for lack of legally sufficient evidence that the street defect that caused plaintiff to trip and fall was created by an affirmative act of negligence by the City, such that the Pothole Law's written notice requirement (Administrative Code of City of NY § 7-201 [c] [2]) was rendered inapplicable (see Amabile v City of Buffalo, 93 N.Y.2d 471, 474 [1999]). Indeed,...

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