WRIGHT v. CITY OF NEW YORK (1999)

Supreme Court, Appellate Division, Second Department, New York.

Sandra WRIGHT, et al., appellants, v. CITY OF NEW YORK, respondent.

Decided: May 10, 1999

DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY and NANCY E. SMITH, JJ.

Herbert G. Lindenbaum, New York, N.Y. (Sandra D. Janin of counsel), for appellants. Michael D. Hess, Corporation Counsel, New York, N.Y. (Barry P. Schwartz and Jane L. Gordon of counsel), for respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Barasch, J.), dated March 11, 1998, which granted the defendant's motion to dismiss the complaint for failure to prove compliance with the prior written notice provisions of the Administrative Code of the City of New York § 7-201(c)(2).

ORDERED that the order is affirmed, with costs.

The plaintiffs' action was properly dismissed because they failed to demonstrate that the City of New York had written notice of the alleged sidewalk defect on which the plaintiff fell, or that some exception to this requirement applied (see, Administrative Code of City of N.Y. § 7-201[c] [2]; see also, Shaw v. City of Auburn, 59 N.Y.2d 780, 464 N.Y.S.2d 751, 451 N.E.2d 498; Villaret v. City of New York, 236 A.D.2d 216, 653 N.Y.S.2d 851; see also, Waters v. Town of Hempstead, 166 A.D.2d 584, 560 N.Y.S.2d 870; Meltzer v. City of New York, 156 A.D.2d 124, 548 N.Y.S.2d 26).

MEMORANDUM BY THE COURT.

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