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KALES v. CITY OF NEW YORK

8507. 155690/12.

169 A.D.3d 585 (2019)

95 N.Y.S.3d 58

2019 NY Slip Op 01355

Konstandina Kales, Appellant, v. City of New York, Respondent.

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

Decided February 26, 2019.

No action may be maintained against the City of New York as a result of injury arising from a dangerous, defective, unsafe, or obstructed condition on its, inter alia, streets or sidewalks unless the City received prior written notice of such condition and failed to repair it within 15 days of such notice (Administrative Code of City of NY § 7-201 [c] [2]). Failure to "plead and prove" such prior written notice requires dismissal of the complaint (Katz v City of New...

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