ROMAN v. CITY OF NEW YORK


38 A.D.3d 442 (2007)

832 N.Y.S.2d 528

ROGELIO ROMAN et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 27, 2007.


Plaintiff Rogelio allegedly sustained injuries while roller skating on one of the pathways in Central Park. Plaintiffs moved for discovery sanctions and defendants cross-moved for summary judgment based on the lack of prior written notice, pursuant to New York City Administrative Code § 7-201.

Defendants' cross motion, made while discovery was still ongoing despite the note of issue having been filed, was timely (see Pena v Women's Outreach Network, Inc.,...

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