O'Keefe v. City of New York

Kassal and Smith, JJ.,

dissent in a memorandum by Smith, J., as follows: I agree with the motion court that the notice of claim was impermissibly vague and I would affirm the order.

According to the notice of claim, plaintiff fractured her leg when she tripped due to a "sidewalk and street defect constituting a hazard, trap and/or serious sidewalk/street/pothole defect” located "on Sixth Avenue between 45th Street and 46th Street approximately 15 to 30 feet south of 46th Street on the west side of the street”. Describing the nature of the claim, the notice stated that it was for personal…