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SMITH v. CITY OF NEW YORK

2018-14531. Index No. 705492/14.

210 A.D.3d 53 (2022)

175 N.Y.S.3d 529

175 N.Y.S.3d 529

2022 NY Slip Op 05226

JERI SMITH, Respondent-Appellant, v. CITY OF NEW YORK, Appellant-Respondent. MALCOLM PIRNIE, INC., Defendant/Third-Party Plaintiff-Respondent, WDF, INC., Defendant/Second Third-Party Plaintiff-Respondent, JOHN P. PICONE, INC., Defendant/Third-Party Defendant/Second Third-Party Defendant-Respondent, et al., Second Third-Party Defendant.

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

Decided September 21, 2022.

Attorney(s) appearing for the Case

Chesney, Nicholas & Brower LLP, Syosset ( Rudolph Petruzzi and Lindsie B. Alterkun of counsel), for appellant-respondent.

Scott Baron & Associates, P.C., Howard Beach, for respondent-appellant.

Hannum Feretic Prendergast & Merlino, LLC, Mineola ( Gail J. McNally of counsel), for defendant/third-party plaintiff-respondent.

La Salle, La Salle & Dwyer, P.C., Sea Cliff ( Sean P. Dwyer of counsel), for defendant/second third-party plaintiff-respondent.

Newman Myers Kreines Gross Harris, P.C., New York City ( Patrick M. Caruana and Charles D. Cole, Jr. of counsel), for defendant/third-party defendant/second third-party defendant-respondent.

BRATHWAITE NELSON, J.P., ZAYAS and GENOVESI, JJ., concur.

OPINION OF THE COURT

Prior notification laws are a valid exercise of legislative authority and reflect a legislative decision to modify the legal duty of care owed by a locality to individuals. Where a locality has enacted a prior notification law and is alleged to be liable for personal injuries sustained as a result of a defective...

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