Laing v. City of New York

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff commenced an action against the City of New York and Lydia Dunbar alleging that on July 2, 1983 he was injured when he tripped and fell on a negligently maintained sidewalk in front of Dunbar’s home in Queens. He pleaded that he had satisfied the notice requirement of the "Pothole Law” for actions against the City (Administrative Code of City of New York § 7-201 [c] [2]). At trial, plaintiff’s counsel asserted in his opening statement that the defective condition had existed since 1971;…