Miller v. City of New York

The IAS Court properly denied the City’s motion to dismiss the complaint on the grounds that the City had not been given prior written notice of the alleged highway defect pursuant to Administrative Code of City of New York § 7-201 (c) (2). Such notice is not required where it is shown that the municipality was affirmatively negligent in causing or creating the defective condition (see, Messina v City of New York, 190 AD2d 659). Here, sufficient evidence was adduced at trial to support a finding that the City negligently left in place an inadequately secured guard rail section adjacent to the…