Rebaudo v. New York Telephone Co.

OPINION OF THE COURT

John A. Milano, J.

This proceeding raises a substantial and significant issue of apparent first impression in this jurisdiction, namely, whether an accumulation of broken glass, stones, loose concrete, dirt, gravel and other debris, situated on a public sidewalk island, constitutes a particular condition which falls within the ambit of the Prior Written Notice Law of the City of New York, requiring dismissal of the complaint pursuant to CPLR 3211 (a) (7) for failure to comply with certain conditions precedent to the maintenance of this lawsuit. This court holds that said…