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FORBES v. CITY OF NEW YORK

2010-11765.

85 A.D.3d 1106 (2011)

926 N.Y.S.2d 309

2011 NY Slip Op 5660

JUDITH FORBES, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided June 28, 2011.

Ordered that the order is affirmed, with costs.

The plaintiff alleges that she was injured when she slipped and fell as a result of a defective condition on a sidewalk in Brooklyn. A municipality that has adopted a "prior written notice law" cannot be held liable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies (see Poirier v City of Schenectady, 85 N.Y.2d 310

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