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DESPOSITO v. CITY OF NEW YORK

55 A.D.3d 659 (2008)

866 N.Y.S.2d 248

JUDITH DESPOSITO, Respondent, et al., Plaintiff, v. CITY OF NEW YORK, Appellant, et al., Defendants.

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

October 14, 2008.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

"Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries caused by an improperly maintained roadway unless either it has received prior written notice of the defect or an exception to the prior written notice requirement applies" (Griesbeck v County of Suffolk, 44 A.D.3d 618, 619...

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