Legal Opinion

D'Onofrio v. City of New York

New York Court of Appeals

Decided December 18, 2008PublishedCited by 22 opinions

1Opinion of the Court

*584OPINION OF THE COURT

Smith, J.

In each of these cases, the issue is whether a map submitted to New York City by Big Apple Pothole and Sidewalk Protection Corporation gave the City the notice of a sidewalk defect that is required by the Pothole Law (Administrative Code of City of NY § 7-201 [c] [2]). We hold that neither map adequately identified the defect.

Pasquale D’Onofrio and Ida Shaperonovitch fell and were injured while walking in New York City. They and their spouses sued the City for their injuries. The City defended the lawsuits on the basis of the Pothole Law, which says in relevant…

2Cited by22 opinions

  1. Daniels v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
  2. Ortiz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  3. Nieves v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
  4. Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  5. Bartels v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015

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