Miller v. City of New York

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Ramirez, J.), dated February 2, 1994, which dismissed the complaint.

Ordered that the order is affirmed, with costs.

The infant plaintiff alleged that she was injured when she fell while playing on a handball court maintained by the defendants. The alleged cause of her injury was a crack in the concrete. At the commencement of trial, the court granted the defendants’ motion and dismissed the complaint because no prior written notice of the defect was provided as…