Legal Opinion

Castro v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 2012PublishedCited by 2 opinions

1Opinion of the Court

The pleadings, General Municipal Law § 50-h hearing testimony, photographs, and the Big Apple Map, viewed together, show that the City did not have written notice of the sidewalk condition which plaintiff alleges caused her to trip and fall (see Administrative Code of City of NY § 7-201 [c]; D'Onofrio v City of New York, 11 NY3d 581, 585 [2008]; Roldan v City of New York, 36 AD3d 484 [1st Dept 2007]). Plaintiffs argument that the City is liable because it is required to maintain the sidewalk pursuant to Administrative Code § 7-210, even if it did not have written notice of the defect, is…

2Cases cited4 opinions

  1. Trincere v. County of SuffolkNew York Court of Appeals · 1997
  2. D'Onofrio v. City of New YorkNew York Court of Appeals · 2008
  3. Schwartz v. Bleu Evolution Bar & Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Sondervan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by2 opinions

  1. Bacourt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  2. Collazo v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2015

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