Vega v. City of New York

Plaintiff was injured when, while riding his bicycle, he struck a pothole, causing him to fall to the ground. It is uncontroverted that defendant did not receive prior written notice of the defect pursuant to the “Pothole Law” (see Administrative Code of City of NY § 7-201 [c] [2]). Accordingly, the burden shifted to plaintiff to demonstrate the applicability of one of the exceptions to the rule, which bars municipal liability absent prior written notice in conformance with the statute (see Yarborough v City of New York, 10 NY3d 726, 728 [2008]). The only possible exception ap*498plicable to the…