Sandler v. New York City Transit Authority

Full title: SUSAN SANDLER, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al.…

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

Date published: Dec 8, 1992

188 A.D.2d 335 (N.Y. App. Div. 1992)

591 N.Y.S.2d 17

Opinion

December 8, 1992

Appeal from the Supreme Court, New York County (Eugene L. Nardelli, J.).

It is alleged that the plaintiff stepped into a pothole as she alighted from a bus on East 14th Street. Two days later, she returned to the site to take pictures of the pothole to find that it had been repaired in the interim.

Administrative Code of the City of New York § 7-201 requires that the claimant plead and prove that the City received written notice of the street defect before the accident occurred. While this was not done, and there seems to be no record of such notice, the plaintiff claims that for the defect to have been repaired within two days, there must have been such notice.

Prior written notice is a condition precedent and the plaintiff has not met the burden of pleading and proving it (see, Cipriano v City of New York, 96 A.D.2d 817).

Concur — Sullivan, J.P., Wallach, Kupferman and Kassal, JJ.