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D'ONOFRIO v. CITY OF NEW YORK

11 N.Y.3d 581 (2008)

PASQUALE D'ONOFRIO et al., Appellants, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY TRANSIT AUTHORITY, Defendant. IDA SHAPERONOVITCH et al., Respondents, v. CITY OF NEW YORK, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 2008.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), and Burns & Harris (Seth A. Harris of counsel), for appellants in the first above-entitled action.

Michael A. Cardozo, Corporation Counsel, New York City (Deborah A. Brenner, Stephen J. McGrath and Alan Beckoff of counsel), for respondent in the first above-entitled action.

Michael A. Cardozo, Corporation Counsel, New York City (Deborah A. Brenner and Barry P. Schwartz of counsel), for appellant in the second above-entitled action.

Lester B. Herzog, Brooklyn, for respondents in the second above-entitled action.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and READ concur with Judge SMITH; Judge JONES dissents and votes to affirm in a separate opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

SMITH, J.

In each of these cases, the issue is whether a map submitted to New York City by Big Apple Pothole and Sidewalk Protection Corporation gave the City the notice of a sidewalk defect that is required by the Pothole Law (Administrative Code of City of NY § 7-201 [c] [2]). We hold that neither map adequately identified the defect.

Pasquale D'Onofrio and Ida Shaperonovitch...

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