SPENCER v. CITY OF NEW YORK

3768, 117844/09, 590577/11.

149 A.D.3d 557 (2017)

2017 NY Slip Op 02951

52 N.Y.S.3d 342

DERRICK SPENCER, Respondent, v. THE CITY OF NEW YORK, Appellant, and LUELLEN JAEGER, Doing Business as ALT JAY REALTY CO., Respondent. (And a Third-Party Action.).

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

Decided April 18, 2017.


Plaintiff allegedly fell when his foot became caught in a crack on a sidewalk in front of a building owned by defendant Jaeger. The crack was next to a metal plate, or marker, owned by the City. The City is entitled to summary judgment, because it established that it did not have prior written notice of the alleged defective sidewalk and that none of the exceptions to the statutory rule requiring such notice applied (see Administrative Code of City of NY § 7-201...

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