Notice is key in order to maintain a viable claim against the City of New York for failure to adequately maintain a sidewalk.
In Adamson v. The City of New York, following a motion for summary judgment, the trial court dismissed the plaintiffs’ complaint and all cross-claims asserted against the City. The tenant of the property abutting the sidewalk (Verizon) appealed the courts order. The record revealed that the City did not have prior written notice of the defective sidewalk condition, as required by Administrative Code § 7-201[c], and Verizon failed to demonstrate that the special use exception applied to overcome the prior written notice requirement.
As a result of the City not having notice of the alleged dangerous condition, there was no basis for holding the City liable. The Appellate Division, First Department, upheld the lower court’s ruling dismissing Verizion’s cross-claim against the City on the theory that the City failed to provide adequate lighting.
Special thanks to Johan Obregon for his contribution.
For more information, contact Denise Fontana Ricci at firstname.lastname@example.org.