It is undisputed that the defendant, City of New Rochelle, did not receive prior written notice of the allegedly defective condition which caused the plaintiff to sustain injuries. Moreover, the defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not affirmatively create the allegedly defective condition at issue (
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MALLORY v. CITY OF NEW ROCHELLE
41 A.D.3d 556 (2007)
836 N.Y.S.2d 426
WILLIE MALLORY, Appellant, v. CITY OF NEW ROCHELLE, Respondent.
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
Decided June 12, 2007.
Decided June 12, 2007.
Appellate Division of the Supreme Court of the State of New York, Second Department.
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