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SACCO v. CITY OF NEW YORK

5247, 1873, 1903, 107568/07.

92 A.D.3d 529 (2012)

938 N.Y.S.2d 314

2012 NY Slip Op 1177

ANTHONY S. SACCO, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided February 16, 2012.

In this trip and fall action, the motion court erred in determining, as a matter of law, that the City had not been provided with prior written notice, pursuant to Administrative Code of City of NY § 7-201 (c) (2), of the defective condition upon which plaintiff fell (see Bruni v City of New York, 2 N.Y.3d 319, 326-327 [2004]). Plaintiff made an evidentiary showing that the City received...

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