Legal Opinion

Walker v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 2, 2006PublishedCited by 6 opinions

1Opinion of the Court

*227Judgment, Supreme Court, New York County (Leland De-Grasse, J.), entered July 29, 2005, insofar as appealed from, dismissing the complaint as against defendant City of New York, unanimously affirmed, without costs.

The trial court properly set aside the verdict against the City for lack of legally sufficient evidence that the street defect that caused plaintiff to trip and fall was created by an affirmative act of negligence by the City, such that the Pothole Law’s written notice requirement (Administrative Code of City of NY § 7-201 [c] [2]) was rendered inapplicable (see Amabile v City of…

2Cases cited3 opinions

  1. Amabile v. City of BuffaloNew York Court of Appeals · 1999
  2. Bielecki v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  3. Campisi v. Bronx Water & Sewer Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by6 opinions

  1. Baynes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  2. Abott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  3. Berrios v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  4. Abott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  5. Berrios v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014

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