Monday, October 31, 2016

A defective roadway condition.

Practice point:  The Appellate Division affirmed dismissal of the complaint alleging that a defective roadway condition caused plaintiff's bicycle accident. Plaintiff's submission of an inspection report was insufficient to show that the City had issued written acknowledgment of the defect within the meaning of Administrative Code § 7-201(c)(2), since the report identifies a defect at a different location. Awareness of one defect in the area does not constitute notice of a different particular defect which caused the accident. In addition, it was speculative for plaintiff's expert to assume that, because no permits had been issued, the City must have created the roadway defect.

Case:  Ragolia v. City of New York, NY Slip Op 06950 (1st Dep't October 25, 2016)

Here is the decision.

Tomorrow's issue:  Labor Law §§ 240(1) and  241(6).