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NY: Written Acknowledgment Of Dangerous Condition Sufficient For Prior Written Notice Requirement

October 15, 2009

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In <i>Clark v. The City of New York</i>, the plaintiff sought to recover damages for personal injuries he sustained when he rode his motorcycle over a manhole cover. Eight months before the accident, the City received a complaint about the manhole cover and completed a service request inspection detail report. The City later determined that the cover belonged to a phone utility and took no further action. The City moved for summary judgment arguing that the plaintiff failed to comply with the prior written notice requirement of Administrative Code Section 7201. In denying the City's motion, the court held that even if the cover did not belong to the City, the written acknowledgement of the allegedly dangerous condition on the public roadway was sufficient to give the City notice of the condition.
Thanks to Edward Lomena for his contribution to this post.
<a href="http://www.law.com/jsp/nylj/decisions.jsp">http://www.law.com/jsp/nylj/decisions.jsp</a>

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