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Wittorf v. City of New York, 101

The Appellate Division erred in reversing the judgment against defendant-city in plaintiff's personal injury action, where: 1) defendant-city was not held liable for its failure to repair the defect in the road due to lack of adequate prior written notice; but 3) the city employee was engaged in a proprietary function at the time he failed to warn plaintiff of the conditions in the transverse, after which her bicycle hit a pothole, causing her injuries; and 3) the jury could therefore assess defendant-city's conduct under the ordinary rules of negligence.

Appellate Information

  • Decided 06/05/2014
  • Published 06/05/2014




  • Court of Appeals of New York


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