DALMASI v. CITY OF NEW YORK

11200, 24177/13.

181 A.D.3d 433 (2020)

117 N.Y.S.3d 569

2020 NY Slip Op 01550

Jonathan Dalmasi, Respondent, v. City of New York, Appellant.

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

Decided March 5, 2020.


Defendant established its prima facie entitlement to summary judgment in this action where plaintiff's decedent was injured when she tripped and fell due to a pothole in the roadway. Defendant submitted evidence showing that it did not have prior written notice of the alleged defect, as required by Administrative Code of City of NY § 7-201(c)(2).

In opposition, plaintiff failed to raise a triable issue of fact as to whether an exception to the prior written notice...

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