Abdullah v. City of New York

3 Citing cases

  1. Nieves v. City of New York

    216 A.D.3d 800 (N.Y. App. Div. 2023)   Cited 3 times

    It does so through maps on which coded symbols are entered to represent defects" ( D'Onofrio v. City of New York, 11 N.Y.3d 581, 584, 873 N.Y.S.2d 251, 901 N.E.2d 744 ). "Maps prepared by Big Apple ... and filed with the Department of Transportation serve as prior written notice of defective conditions depicted thereon" ( Katz v. City of New York, 87 N.Y.2d at 243, 638 N.Y.S.2d 593, 661 N.E.2d 1374 ; seeRodriguez v. City of New York, 152 A.D.3d 810, 810, 59 N.Y.S.3d 429 ) and "the map served on the City closest in time prior to the subject accident is controlling" ( Abdullah v. City of New York, 192 A.D.3d 735, 736, 139 N.Y.S.3d 891 ; seeKatz v. City of New York, 87 N.Y.2d at 245, 638 N.Y.S.2d 593, 661 N.E.2d 1374 ). "The awareness of one defect in the area is insufficient to constitute notice of a different particular defect which caused the accident" ( Fisch v. City of New York, 194 A.D.3d 786, 788, 149 N.Y.S.3d 137 [internal quotation marks omitted]; seeD'Onofrio v. City of New York, 11 N.Y.3d at 585, 873 N.Y.S.2d 251, 901 N.E.2d 744 ; Allen v. City of New York, 164 A.D.3d at 727, 83 N.Y.S.3d 556 ).

  2. Ghumann v. City of New York

    203 A.D.3d 704 (N.Y. App. Div. 2022)   Cited 1 times

    The defendants appeal. Administrative Code of the City of New York § 7–201(c)(2) "limits the City's duty of care over municipal streets and sidewalks by imposing liability only for those defects or hazardous conditions which its officials have been actually notified exist at a specified location" ( Katz v. City of New York, 87 N.Y.2d 241, 243, 638 N.Y.S.2d 593, 661 N.E.2d 1374 ; seeAbdullah v. City of New York, 192 A.D.3d 735, 736, 139 N.Y.S.3d 891 ; De Zapata v. City of New York, 172 A.D.3d 1306, 1307, 101 N.Y.S.3d 151 ). Accordingly, "prior written notice of a defect is a condition precedent which [a] plaintiff is required to plead and prove to maintain an action against the City" ( Katz v. City of New York, 87 N.Y.2d at 243, 638 N.Y.S.2d 593, 661 N.E.2d 1374 ; seeHarrison v. City of New York, 184 A.D.3d 742, 743, 126 N.Y.S.3d 476 ; De Zapata v. City of New York, 172 A.D.3d at 1307, 101 N.Y.S.3d 151 ).

  3. Ghumann v. City of New York

    2022 N.Y. Slip Op. 1292 (N.Y. Sup. Ct. 2022)

    The defendants appeal. Administrative Code of the City of New York § 7-201(c)(2) "limits the City's duty of care over municipal streets and sidewalks by imposing liability only for those defects or hazardous conditions which its officials have been actually notified exist at a specified location" (Katz v City of New York, 87 N.Y.2d 241, 243; see Abdullah v City of New York, 192 A.D.3d 735, 736; De Zapata v City of New York, 172 A.D.3d 1306, 1307). Accordingly, "prior written notice of a defect is a condition precedent which [a] plaintiff is required to plead and prove to maintain an action against the City" (Katz v City of New York, 87 N.Y.2d at 243; see Harrison v City of New York, 184 A.D.3d 742, 743; De Zapata v City of New York, 172 A.D.3d at 1307).