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IN THE MATTER OF LAURAY v. CITY OF NEW YORK

62 A.D.3d 467 (2009)

878 N.Y.S.2d 65

In the Matter of BARBARA LAURAY, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided May 7, 2009.

As petitioner's counsel concedes, there is no viable cause of action against defendants. The location of petitioner's alleged trip and fall on the sidewalk was in front of a commercial business and not in front of a one-, two-, or three-family residence (see Administrative Code of City of NY § 7-210 [c]). The record further shows that leave to file a late notice of claim was improperly granted. Petitioner failed to meet her burden of demonstrating a reasonable...

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