Practice point: The City can establish its entitlement to judgment as a matter of law by offering a municipal code enforcement officer's deposition testimony that a search of the City's prior written notice logbook turned up no record of the required notice of the alleged defective sidewalk condition.
Practitioners should note that, after a repair, the recurrence of an alleged sidewalk defect does not abrogate the need for prior written notice.
Case: McCarthy v. City of White Plains, NY Slip Op 06969 (2d Dept. 2008)
The opinion is here.
