Bisulco v. City of New York

infant plaintiffs hospital record, in this sidewalk personal injury action, only refers to his injury as being caused by a "runaway” bicycle. We assume, however, as do the majority and the parties to this appeal, that he was caused to fall and sustain injury by a sidewalk defect, namely, the five-inch, protruding stump of a sheared-off parking sign.

It is undisputed that the City never received prior notice of *86this sidewalk hazard pursuant to Administrative Code of the City of New York § 7-201 (c) (2), familiarly known as the "Pothole Law”. Ordinarily, the failure to plead and prove prior…