Gaddy v. City of New York

Full title: WILLIAM N. GADDY et al., Appellants, v. CITY OF NEW YORK, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 8, 1992

184 A.D.2d 548 (N.Y. App. Div. 1992)

584 N.Y.S.2d 329

Opinion

June 8, 1992

Appeal from the Supreme Court, Queens County (Lerner, J.).

Ordered that the judgment is affirmed, with costs.

The fact that the City had attempted routine maintenance of the road where an accident occurred does not relieve the plaintiffs of their obligation to comply with the written notice provision of the City's Administrative Code (see, Zigman v. Town of Hempstead, 120 A.D.2d 520, 521). The alleged defect was the type of physical condition which would not ordinarily come to the attention of the municipality without notice (see, Monteleone v Incorporated Vil. of Floral Park, 74 N.Y.2d 917, 919; Buccellato v. County of Nassau, 158 A.D.2d 440, 441; cf., Hughes v. Jahoda, 75 N.Y.2d 881, 883). Mangano, P.J., Bracken, Balletta and O'Brien, JJ., concur.