SPEACH v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.


52 A.D.3d 404 (2008)

860 N.Y.S.2d 99

BERNADETTE SPEACH et al., Appellants, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant, and CITY OF NEW YORK, Respondent.

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

Decided June 24, 2008.


Dismissal of the complaint as against the City was proper in this action where plaintiff was injured when she allegedly tripped and fell in a five-inch deep sinkhole located on a city street. The record establishes that the City lacked prior written notice of the defective condition as required under Administrative Code of the City of New York § 7-201 (c) (2) (Pothole Law), and plaintiff failed to raise a triable issue of fact as to whether the City created the defective...

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