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HENRICKSON v. CITY OF NEW YORK

285 A.D.2d 529 (2001)

727 N.Y.S.2d 659

MARIE HENRICKSON, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided July 16, 2001.

Ordered that the amended order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to dismiss the complaint. Constructive notice of a defect may not override the statutory requirement of prior written notice to a municipality (see, Amabile v City of Buffalo, 93 N.Y.2d 471). In addition, alleged defects in the roadway, which were inherently transitory in nature, required greater specificity in...

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