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HAXHAJ v. CITY OF NEW YORK

1867, 109624/03

68 A.D.3d 612 (2009)

2009 NY Slip Op 9519

892 N.Y.S.2d 341

ZARAH HAXHAJ, an Infant, by Her Mother and Natural Guardian, YASMIN HAXHAJ, et al., Appellants, v. CITY OF NEW YORK, Defendant, and THE CENTRAL PARK CONSERVANCY, Respondent.

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

Decided December 22, 2009.

Plaintiffs were unable to show that defendant City, whose duty to maintain its roads and highways in a reasonably safe condition is nondelegable (see Lopes v Rostad, 45 N.Y.2d 617, 623 [1978]; McAllen v City of New York, 270 A.D.2d 43 [2000]), had prior written notice of the alleged defect in the pathway (Administrative Code of City of NY § 7-201 [c]), or that either defendant had created...

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