Carvajal v. City of New York

OPINION OF THE COURT

Allen Hurkin-Torres, J.

*510In Katz v City of New York (87 NY2d 241 [1995]), the Court of Appeals held that, where a plaintiff seeks to establish prior written notice of a sidewalk defect via a map filed by the Big Apple Pothole and Sidewalk Protection Committee, Inc., it “is the most recent map received from Big Apple prior to an accident” that is controlling (id. at 244). That holding was premised, in large part, upon the uncontradicted testimony that it is Big Apple’s policy that subsequent successor maps supercede earlier maps (id.). The question presented here is whether…