Legal Opinion

Yarborough v. City of New York

New York Court of Appeals

Decided February 7, 2008PublishedCited by 291 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The unfortunate accident in this case occurred when plaintiff Kashawn Yarborough tripped and fell in a pothole on a Brooklyn street. Plaintiff commenced this action against defendant City of New York to recover damages for his serious injuries. Following discovery, the City moved for summary judgment dismissing the complaint, asserting that it did not have prior written notice of the hazard as required by the Pothole Law (Administrative Code of City of NY § 7-201 [c] [2]). In support of its…

2Cases cited3 opinions

  1. Amabile v. City of BuffaloNew York Court of Appeals · 1999
  2. Oboler v. City of New YorkNew York Court of Appeals · 2007
  3. Bielecki v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by291 opinions

  1. Vucetovic v. Epsom DownsNew York Court of Appeals · 2008
  2. San Marco v. Village/Town of Mount KiscoNew York Court of Appeals · 2010
  3. Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  4. Braver v. Village of CedarhurstAppellate Division of the Supreme Court of the State of New York · 2012
  5. Hubbard v. County of MadisonAppellate Division of the Supreme Court of the State of New York · 2012

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