Henrickson v. City of New York

—In an action to recover damages for personal injuries, the plaintiff appeals from an amended order of the Supreme Court, Richmond County (Minardo, J.), dated August 30, 2000, which, after a nonjury trial, in effect, granted the defendant’s motion made at the close of the evidence to dismiss the complaint on the grounds that the notice of claim was defective and that the plaintiff failed to prove prior written notice.

Ordered that the amended order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion to dismiss the complaint. Constructive notice óf a defect may not…