Cuffey v. City of New York

Appellate Division of the Supreme Court of New York

Cuffey v. City of New York

255 A.D.2d 203, 680 N.Y.S.2d 14, 1998 N.Y. App. Div. LEXIS 12419

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 1998

StatusPublished

Cited by3 cases

This text of 255 A.D.2d 203 (Cuffey v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cuffey v. City of New York, 255 A.D.2d 203, 680 N.Y.S.2d 14, 1998 N.Y. App. Div. LEXIS 12419 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about August 12, 1997, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court properly dismissed plaintiffs’ complaint in light of plaintiffs’ failure to raise a triable issue as to whether defendant had prior written notice, pursuant to Administrative Code of the City of New York § 7-201 (c) (2), of the sidewalk defect alleged to have caused the infant plaintiff’s harm (see, Curci v City of New York, 209 AD2d 574, 574-575). The alleged curb and/or sewer cap defect does not appear on the relevant map prepared by the Big Apple Pothole and Sidewalk Corporation relied upon by plaintiffs to establish that defendant was afforded the requisite notice. We note in addition that while prior written notice is not a condition of municipal liability where a plaintiff is able to demonstrate that the City caused or created the alleged defect, here plaintiff has presented no evidence to sustain such a theory (compare, Cruz v City of New York, 218 AD2d 546). Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.

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—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about August 12, 1997, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court properly dismissed plaintiffs’ complaint in light of plaintiffs’ failure to raise a triable issue as to whether defendant had prior written notice, pursuant to Administrative Code of the City of New York § 7-201 (c) (2), of the sidewalk defect alleged to have caused the infant plaintiff’s harm (see, Curci v City of New York, 209 AD2d 574, 574-575). The alleged curb and/or sewer cap defect does not appear on the relevant map prepared by the Big Apple Pothole and Sidewalk Corporation relied upon by plaintiffs to establish that defendant was afforded the requisite notice. We note in addition that while prior written notice is not a condition of municipal liability where a plaintiff is able to demonstrate that the City caused or created the alleged defect, here plaintiff has presented no evidence to sustain such a theory (compare, Cruz v City of New York, 218 AD2d 546). Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.

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Bluebook (online)

255 A.D.2d 203, 680 N.Y.S.2d 14, 1998 N.Y. App. Div. LEXIS 12419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuffey-v-city-of-new-york-nyappdiv-1998.

Opinion

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