Legal Opinion
Elstein v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided November 3, 1994PublishedCited by 8 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered June 18, 1993, which, inter alia, granted the City’s cross motion to dismiss the complaint for failure to comply with the prior written notice requirements of the Administrative Code of the City of New York § 7-201 (c), unanimously affirmed, without costs.
It is well established that Administrative Code § 7-201 (c) (2) requires a plaintiff to plead and prove the City had prior notice of a sidewalk defect, unless it is claimed that the City was affirmatively negligent in causing or creating the defective condition, in which…
2Cases cited2 opinions
- Zinno v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Bisulco v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by8 opinions
- Cruz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Mallory v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2007
- Perez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Gruska v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- Regan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
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