Aetna Life & Casualty v. City of New York

OPINION OF THE COURT

William D. Friedmann, J.

Separate trials in these unrelated motor vehicle property damage proceedings, puts in focus the adequacy of proof of “construction” needed as an exception to the preclusionary prior written notice requirements of the “Pothole Law” (Administrative Code of City of New York, § 394a-1.0, subd d, par 2).

THE CONTENTIONS

Following plaintiff’s proof in each proceeding, the defendant moved for a trial order of dismissal (CPLR 4401), upon the failure to plead and prove compliance with section 394a-1.0 (subd d, par 2) of the Administrative Code. Plaintiffs…