Wright v. City of New York

Full title: SANDRA WRIGHT et al., Appellants v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 10, 1999

261 A.D.2d 470 (N.Y. App. Div. 1999)

690 N.Y.S.2d 124

Opinion

May 10, 1999

Appeal from the Supreme Court, Kings County (Barasch, J.).

Ordered that the order is affirmed, with costs.

The plaintiffs' action was properly dismissed because they failed to demonstrate that the City of New York had written notice of the alleged sidewalk defect on which the plaintiff fell, or that some exception to this requirement applied ( see, Administrative Code § 7-201 [c] [2]; see also, Shaw v. City of Auburn, 59 N.Y.2d 780; Villaret v. City of New York, 236 A.D.2d 216; see also, Waters v. Town of Hempstead, 166 A.D.2d 584; Meltzer v. City of New York, 156 A.D.2d 124).

Ritter, J. P., Friedmann, McGinity and Smith, JJ., concur.