Zielinski v. City of Mount Vernon

1 Citing case

  1. Berg v. Verizon N.Y., Inc.

    2017 N.Y. Slip Op. 32910 (N.Y. Sup. Ct. 2017)

    Plaintiff alleged that defendant created the alleged dangerous condition by improper installation or repair work done on the subject roadway. The Town defendants failed to eliminate all triable issues of fact as to whether they affirmatively created the condition, as they merely submit evidence that they did not receive prior written notice of the alleged dangerous condition (see Zielinski v City of Mount Vernon, 115 AD3d 946, 982 NYS2d 531 [2d Dept 2014]; Carlucci v Village of Scarsdale, 104 AD3d 797, 961 NYS2d 318 [2d Dept 2013]). The Town defendants contend that there is no evidence that they affirmatively created the alleged defective condition.