Palazzolla v. City of New York

Full title: STEVEN PALAZZOLLA et al., Appellants, v. CITY OF NEW YORK, Respondent

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

Date published: Mar 19, 1998

248 A.D.2d 250 (N.Y. App. Div. 1998)

668 N.Y.S.2d 886

Opinion

March 19, 1998

Appeal from the Supreme Court, New York County (Walter Tolub, J.).

As defendant concedes on constraint of Cosgriff v. City of New York ( 241 A.D.2d 382), a cause of action under General Municipal Law § 205-e, as amended by chapter 703 of the Laws of 1996, can be based on defendant's alleged violation of its duty under New York City Charter § 2903(b)(2) to repair sidewalks.

Concur — Lerner, P. J., Sullivan, Rosenberger, Nardelli and Andrias, JJ.