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TORRES v. CITY OF NEW YORK

39 A.D.3d 438 (2007)

834 N.Y.S.2d 164

RUBEN TORRES, as Administrator of the Estate of CARLOS TORRES, Deceased, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided April 26, 2007.

Although we previously reinstated the liability verdict against defendants (306 A.D.2d 191 [2003]), rejecting defendants' contention that the action should have been dismissed on the ground that the City had no prior written notice of the alleged roadway defect (see Administrative Code of City of NY § 7-201 [c] [2]), we have since had occasion to reexamine our holding on the previous...

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