Castro ex rel. Castro v. City of New York

Order, Supreme Court, New York County (Francis N. Pécora, J.), entered August 3, 1989, which granted renewal of an earlier motion and adhered to a prior order of the same court entered March 22, 1989, dismissing the complaint, unanimously affirmed, without costs.

In this personal injury action, the complaint was dismissed because plaintiffs failed sufficiently to allege notice to the defendant City of New York of a hazardous condition existing prior to the accident. In rather general terms, plaintiffs had alleged in their complaint that defendant had "created [and] caused” the hazardous…