Defective tree wells.

Practice point: In order to hold the City liable for injuries resulting from defects in tree wells in City-owned sidewalks, a plaintiff must demonstrate that the City has received prior written notice of the defect, pursuant to Administrative Code of the City of New York § 7-201[c][2].

Student note: Here, in opposition to the City's showing of entitlement to judgment as a matter of law, plaintiff submitted a Big Apple Map to prove that the City had notice of the allegedly defective condition. However, the map only provided notice that every tree well on the block lacked a fence or barrier, which was not sufficient to bring the particular condition to the City's attention.

Case: O’Donoghue v. City of New York, NY Slip Op 07371 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Fees for services while waiting for executed letter of intent.