Practice point: Section 7-201(c) of the Administrative Code of the City of New York bars an action if there was no prior written written notice of the alleged defective condition.
Student note: The City's intake records concerning uneven boards on the boardwalk and work orders noting that there were loose or broken boards in need of repair did not raise a triable issue of fact as to whether the City was aware of the alleged defective condition which caused plaintiff to fall.
Case: Arcasascio v. City of New York, NY Slip Op 00313 (2d Dept. 2012).
Tomorrow’s issue: Contractual indemnification.
