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O'DONOGHUE v. CITY OF NEW YORK

8405, 117382/09.

100 A.D.3d 402 (2012)

953 N.Y.S.2d 494

PATRICIA O'DONOGHUE, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

November 8, 2012.

It is well established that in order to hold the City liable for injuries resulting from defects in tree wells in City-owned sidewalks, a plaintiff must demonstrate that the City has received prior written notice of the defect (see Administrative Code of City of NY § 7-201 [c] [2]; Tucker v City of New York, 84 A.D.3d 640 [1st Dept 2011], lv denied 17 N.Y.3d 713 [2011]). Here...

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