Abott v. City of New York

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered January 8, 2013, dismissing the complaint, unanimously affirmed, without costs.

The court properly directed a verdict for defendant City, as there was no rational process that would lead the trier of fact to *516find for plaintiff, who was injured after stepping into a pothole (see generally Szczerbiak v Pilat, 90 NY2d 553, 556 [1997]). The Pothole Law’s written notice requirement (Administrative Code of City of NY § 7-201 [c] [2]) contains a “written acknowledgement” provision which permits a lawsuit “where there is documentary…