Legal Opinion
Abott v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided February 18, 2014PublishedCited by 5 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered January 8, 2013, dismissing the complaint, unanimously affirmed, without costs.
The court properly directed a verdict for defendant City, as there was no rational process that would lead the trier of fact to *516find for plaintiff, who was injured after stepping into a pothole (see generally Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]). The Pothole Law’s written notice requirement (Administrative Code of City of NY § 7-201 [c] [2]) contains a “written acknowledgement” provision which permits a lawsuit “where there is documentary…
2Cases cited4 opinions
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Bruni v. City of New YorkNew York Court of Appeals · 2004
- Khemraj v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Walker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by5 opinions
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- Harvey v. Henry 85 LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Thompson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019