Fraser v. City of New York

Full title: LORNA FRASER, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Apr 8, 1996

226 A.D.2d 424 (N.Y. App. Div. 1996)

640 N.Y.S.2d 607

Opinion

April 8, 1996

Appeal from the Supreme Court, Kings County (Krausman, J.).

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the repair order of the Department of Transportation, dated June 2, 1987, did not provide prior written notice of the condition which led to the plaintiff's injuries as required by New York City Administrative Code § 7-201 (c) (2). The repair order merely indicated that there were holes in a stretch of roadway which exceeded 400 feet in length. Thus, the repair order failed to bring the particular condition at issue to the attention of the defendant ( see, Weinreb v. City of New York, 193 A.D.2d 596). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.