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DIGIANTOMASSO v. CITY OF NEW YORK

55 A.D.3d 502 (2008)

866 N.Y.S.2d 184

RITA DIGIANTOMASSO, Respondent, v. CITY OF NEW YORK et al., Defendants, and JUDLAU CONTRACTING, INC., et al., Appellants. RITA DIGIANTOMASSO, Respondent, v. CITY OF NEW YORK et al., Defendants, and FELIX ASSOCIATES, LLC, Appellant.

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

October 30, 2008.

Plaintiff filed a notice of claim against defendant City, and, four months after the accident, at a General Municipal Law § 50-h examination, unequivocally testified that she had tripped over a manhole cover that was protruding approximately 2½ inches above the ground. Plaintiff and the City were the only parties present at the section 50-h examination, and it is undisputed that no notice thereof was given to defendants-appellants, a contractor who had allegedly...

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