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VERIZON NEW YORK, INC. v. CITY OF NEW YORK

26 A.D.3d 247 (2006)

808 N.Y.S.2d 551

VERIZON NEW YORK, INC., Appellant, v. CITY OF NEW YORK, Respondent.

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

February 16, 2006.

Assuming in petitioner's favor that the City's Department of Environmental Protection had "actual knowledge of the essential facts" within the meaning of General Municipal Law § 50-e (5) by reason of its observed presence at the scene the day after the complained-of excavation repairing a ruptured water main, such knowledge is not imputable to the City itself (see Tarquinio v. City of New York, 84 A.D.2d 265, 270-271 [1982]...

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