Bruni v. City of New York

OPINION OF THE COURT

R.S. Smith, J.

The principal issue presented by this case is whether certain internal documents prepared by the New York City Department of Environmental Protection (DEP) constituted a “written acknowledgement from the city” within the meaning of the City’s “Pothole Law” (Administrative Code of City of NY § 7-201 [c]). We hold that the documents did constitute such an acknowledgement, and therefore we reverse the Appellate Division order dismissing plaintiffs complaint. We also hold that Supreme Court erred in failing to submit the issue of plaintiffs comparative negligence…