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HAMMOND v. CITY OF NEW YORK

8634, 107660/09.

100 A.D.3d 563 (2012)

954 N.Y.S.2d 529

2012 NY Slip Op 8078

DANA HAMMOND et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

November 27, 2012.

The complaint was properly dismissed because the City demonstrated that it had no prior written notice of the alleged defect and no exception to the notice requirement applies (see Amabile v City of Buffalo, 93 N.Y.2d 471, 474 [1999]). There is no evidence that the City created the alleged defect or hazard through an affirmative act of negligence (see Yarborough v City of New York, 10 N.Y.3d 726

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