ROSENBLUM v. CITY OF NEW YORK

5895, 109743/05.

89 A.D.3d 439 (2011)

931 N.Y.S.2d 326

2011 NY Slip Op 7711

GLADYS ROSENBLUM, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided November 1, 2011.


The record demonstrates that the City did not receive prior written notice of the defect pursuant to Administrative Code of the City of New York § 7-201 (c) (2). Accordingly, the burden shifted to plaintiff to establish one of the exceptions to the prior written notice requirement. The only possible exception applicable in this case is that the City's affirmative act of negligence immediately resulted in the existence of a dangerous condition (see Yarborough v City...

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