Practice point: Demonstration of prior written notice of the defect is a condition precedent to maintaining an action against the City, pursuant to Administrative Code of City of NY § 7-201[c][2].
Students should note that summary judgment will be denied when there is a dispute as to whether the Big Apple Pothole map portrays the location and nature of the defect so as to bring the condition to the City's attention.
Sondervan v. City of New York , NY Dept. 2011
Tomorrow's issue is summary judgment motions in lieu of complaint.
