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Wright v. City of New York

261 A.D.2d 470, 690 N.Y.S.2d 124, 1999 N.Y. App. Div. LEXIS 4763
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 10, 1999
StatusPublished

This text of 261 A.D.2d 470 (Wright 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
Wright v. City of New York, 261 A.D.2d 470, 690 N.Y.S.2d 124, 1999 N.Y. App. Div. LEXIS 4763 (N.Y. Ct. App. 1999).

Opinion

—In an action to recover damages [471]*471for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Barasch, J.), dated March 11, 1998, which granted the defendant’s motion to dismiss the complaint for failure to prove compliance with the prior written notice provisions of the Administrative Code of the City of New York § 7-201 (c) (2).

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 NY2d 780; Villaret v City of New York, 236 AD2d 216; see also, Waters v Town of Hempstead, 166 AD2d 584; Meltzer v City of New York, 156 AD2d 124). Ritter, J. P., Friedmann, McGinity and Smith, JJ., concur.

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Related

Shaw v. City of Auburn
451 N.E.2d 498 (New York Court of Appeals, 1983)
Meltzer v. City of New York
156 A.D.2d 124 (Appellate Division of the Supreme Court of New York, 1989)
Waters v. Town of Hempstead
166 A.D.2d 584 (Appellate Division of the Supreme Court of New York, 1990)
Villaret v. City of New York
236 A.D.2d 216 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
261 A.D.2d 470, 690 N.Y.S.2d 124, 1999 N.Y. App. Div. LEXIS 4763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-city-of-new-york-nyappdiv-1999.