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ARIAS v. CITY OF NEW YORK

284 A.D.2d 354 (2001)

725 N.Y.S.2d 394

BIENVENIDA ARIAS, an Infant, by Her Father and Natural Guardian, BIENVENIDO ARIAS, et al., Respondents, v. CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 11, 2001.

Ordered that the judgment is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff alleged that she was injured when she fell after stepping in a hole in a paved pathway in Highland Park. At trial, the plaintiffs conceded that the defendant did not have prior written notice of the defect as required by Administrative Code of the City of New York § 7-201, but contended...

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