COLON v. CITY OF NEW YORK


29 A.D.3d 724 (2006)

815 N.Y.S.2d 244

THEODORE COLON et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

May 16, 2006.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the motion of the defendant City of New York for summary judgment dismissing the complaint. The evidence submitted by the City in support of its motion established that it had no prior written notice of the alleged defect that caused the plaintiff Theodore Colon's accident, a condition precedent to maintaining an action to recover damages for personal injuries under Administrative Code...

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