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TUCKER v. CITY OF NEW YORK

3622, 3622A, 101463/04.

84 A.D.3d 640 (2011)

923 N.Y.S.2d 525

CARLTON TUCKER et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided May 26, 2011.

In this appeal, we consider whether the New York City Pothole Law (Administrative Code of City of NY § 7-201 [c] [2]) requires plaintiff to show that the City received prior written notice of the purported tree well defect that allegedly caused him to be thrown from his bike, notwithstanding the Court of Appeals' determination in Vucetovic v Epsom Downs, Inc. (10 N.Y.3d 517 [2008]) that tree wells are not part of the sidewalk...

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