FLYNN v. CITY OF NEW YORK

4639, 159326/14.

154 A.D.3d 488 (2017)

61 N.Y.S.3d 483

2017 NY Slip Op 07172

LUISA FLYNN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 12, 2017.


Upon defendants' establishment that the City of New York had no prior written notice of the alleged depressed condition of a metal plate on the roadway (Administrative Code of City of NY § 7-201 [c] [2]), "the burden shift[ed] to the plaintiff to demonstrate the applicability of one of two recognized exceptions to the rule — that the municipality affirmatively created the defect through an act of negligence or that a special use resulted in a special benefit to...

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