NIEVES v. CITY OF NEW YORK

2010-07733.

87 A.D.3d 684 (2011)

928 N.Y.S.2d 591

2011 NY Slip Op 6342

JOHN NIEVES, Jr., Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided August 23, 2011.


Ordered that the order is affirmed, with costs.

The Supreme Court correctly granted that branch of the motion of the defendant, City of New York, which was pursuant to CPLR 4404 (a) to set aside the jury verdict on the issue of liability and for judgment as a matter of law. It is not disputed that the City did not receive prior written notice of the alleged defective condition in the roadway (see Administrative Code of City of NY § 7-201 [c] [2]) and,...

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