June 8, 2019

The City's duty of care for streets and sidewalks.

Administrative Code of the City of New York § 7-201(c) imposes liability only if its officials have been notified of a defect or hazardous condition at a specified location.  A plaintiff must plead and prove prior written notice as a condition precedent, and neither actual nor constructive notice is sufficient. 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.

De Zapata v. City of New York, NY Slip Op 04132 (2d Dep't May 29, 2019)

Here is the decision.