In Santiago v. City of NY, the plaintiff was playing a game of football with his sons in a City owned park when he tripped and fell because of a depression near a park bench. In support of its motion for summary judgment, the City of NY argued that the plaintiff did not comply with the prior written notice requirement of section 7-201(c)(2) of the Administrative Code. Although there are exceptions to the rule, the City argued that it did not create the defect through an affirmative act of negligence nor was the defect caused by a special use that benefited the City. The court ruled in favor of the City and dismissed the matter.

Thanks to Ed Lomena for his contribution to this submission.

http://decisions.courts.state.ny.us/fcas/FCAS_docs/2009APR/4200129962000100SCIV.pdf