Nieves v. City of New York

The Supreme Court correctly granted that branch of the motion of the defendant, City of New York, which was pursuant to CPLR 4404 (a) to set aside the jury verdict on the issue of liability and for judgment as a matter of law. It is not disputed that the City did not receive prior written notice of the alleged defective condition in the roadway (see Administrative Code of City of NY § 7-201 [c] [2]) and, thus, the plaintiff sought to establish the City’s liability under the affirmative negligence exception to that rule for work performed by the City which immediately results in the existence…