Administrative Code of the City of New York § 7-201(c) limits the City's duty of care over municipal streets and sidewalks by imposing liability only for those defects or hazardous conditions which its officials have been actually notified exist at a specified location. Accordingly, prior written notice of a defect is a condition precedent which plaintiff is required to plead and prove to maintain an action against the City. The only recognized exceptions to the prior written notice requirement involve situations in which either the municipality created the defect through an affirmative act of negligence, or a special use confers a special benefit upon the municipality.
Allen v. City of New York, NY Slip Op 05811 (2d Dep't August 22, 2018)
Here is the decision.
