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BACOURT v. CITY OF NEW YORK

Index No. 25045/14. Appeal No. 12994. Case No. 2020-03239.

190 A.D.3d 632 (2021)

136 N.Y.S.3d 734

2021 NY Slip Op 00486

Melba Bacourt, Appellant, v. City of New York et al., Respondents.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo P.C., New York ( Brian J. Shoot of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Jamison Davies of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

Plaintiff alleges that she fell on the sidewalk abutting a property owned by the City. It is undisputed that prior written notice of the defective condition was not provided to the City pursuant to Administrative Code of City of NY § 7-201(c)(2).

Plaintiff argues that where the City is the abutting owner, the prior written notice requirement is superseded by Administrative Code § 7-210(b), which does not mandate the notice and states that it applies "[n...

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