VEGA v. CITY OF NEW YORK

Index No. 114966/09. Appeal No. 13623. Case No. 2020-02532.

193 A.D.3d 560 (2021)

142 N.Y.S.3d 359

2021 NY Slip Op 02375

Renee Vega, Respondent, v. City of New York, Appellant, et al., Defendants.

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

Decided April 20, 2021.


Attorney(s) appearing for the Case

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

Mark L. Lubelsky & Associates, New York ( Thomas J. Sottile of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, González, JJ.


Plaintiff was injured while rollerblading in front of the Columbia Street entrance to the Luther Gulick Playground when her right skate struck grid-shaped cut marks etched into the roadway. There is no dispute that the City did not receive prior written notice of the defect, as required by the Pothole Law (see Administrative Code of City of NY § 7-201[c][2]). Accordingly, the burden shifted to plaintiff to establish that there are triable issues of fact as to...

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