Shatzkamer v. Eskind

*673OPINION OF THE COURT

Samuel Greenstein, J.

The issue in these two motions, relating to different cases, initially concerns whether the defendant City of New York conducted proper searches for prior notices of defect pursuant to this court’s orders of January 14, 1987. The adequacy of the search in each case turns in part on whether the defendant city is obligated to index notices of claim and/or notices of defect by location under the applicable statutes and cases.

The importance of this aspect of pretrial discovery results from the crucial burden placed upon a plaintiff under the Pothole Law.…