AVELLINO v. CITY OF NEW YORK

2012-00736, (Index No. 101240/05).

107 A.D.3d 836 (2013)

968 N.Y.S.2d 114

2013 NY Slip Op 4567

ANDREW AVELLINO, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided June 19, 2013.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

Where a municipality has enacted a prior written notice law, it may not be subjected to liability for injuries arising from a dangerous roadway condition unless it has received prior written notice of the dangerous condition, or an exception to the prior written notice requirement applies (see Amabile v City of Buffalo...

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