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GHIN v. CITY OF NEW YORK

2118, 112713/03

76 A.D.3d 409 (2010)

904 N.Y.S.2d 905

AGNES LEE GHIN, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided August 3, 2010.

The City had no prior written notice of the sidewalk condition, and no exception to the notice requirement applied (see Amabile v City of Buffalo, 93 N.Y.2d 471, 474 [1999]).

Plaintiff's notice of claim failed to give notice of the theory that inadequate lighting or the scaffolding by which the City allegedly made special use of the sidewalk, caused plaintiff's fall (see Chieffet v New York City Tr. Auth., ...

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