Tuesday, June 6, 2017

Pleading prior written notice of a sidewalk defect.

Practice point:  The Appellate Division affirmed dismissal where plaintiff alleged that, as she was exiting a bus, she tripped and fell over a pole sign's stump protruding from the sidewalk near the bus stop.  Plaintiff did not plead that the City received prior written notice of the sidewalk defect as required by Administrative Code of City of NY § 7-201(c)(2).

The City received a citizen complaint through 311 less than 15 days before plaintiff's accident, and repaired the condition a few days after the accident. Even if the complaint had been in writing, it could not constitute prior written notice for purposes of the statute, since it was received within the 15-day grace period provided by the statute for the City to make repairs after receiving notice.

Case in point:  Brown v. City of New York, NY Slip Op 04221 (1st Dep't May 30, 2017)

Here is the decision.

Tomorrow's issue:  An allegation of default.
 June 6, 1944