D'Onofrio v. City of New York

Order, Supreme Court, New York County (Erin M. Peradotto, J.), entered December 5, 2005, which, inter alia, granted the motion of defendant City of New York to set aside the verdict as against it and for a directed verdict in its favor on the ground that it had not received prior written notice of the defect, affirmed, without costs.

The trial evidence showed that plaintiff fell on a defective subway grating in the vicinity of 20 Broad Street. However, the map filed with the Department of Transportation by the Big Apple Pothole and Sidewalk Protection Corporation, from which the City…