Sandler v. New York City Transit Auth., 188 A.D.2d 335 (N.Y. App. Div. 1992). · Go Syfert
Sandler v. New York City Transit Auth., 188 A.D.2d 335 (N.Y. App. Div. 1992). Cases Citing This Book View Copy Cite
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Auth., 188 AD2d 335, 336 [1st Dept 1992]; Donadio v City of New York, 126 AD3d 851, 853 [2d Dept 2015]).
cited Cited as authority (rule) Corcoran v. City of New York
N.Y. App. Div. · 2015 · confidence medium
Auth., 188 AD2d 335, 336 [1st Dept 1992]).
Retrieving the full opinion text from the archive…
Susan Sandler
v.
New York City Transit Authority, and City of New York
Appellate Division of the Supreme Court of the State of New York.
Dec 8, 1992.
188 A.D.2d 335
Cited by 2 opinions  |  Published

Order, Supreme Court, New York County (Eugene L. Nardelli, J.), entered on or about September 9, 1991, granting the defendant City of New York’s motion pursuant to CPLR 3211 (a) (7) to dismiss this personal injury complaint and all cross-claims against the City of New York, unanimously affirmed, without costs.

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 AD2d 817). Concur — Sullivan, J. P., Wallach, Kupferman and Kassal, JJ.