Villaret v. City of New York

Full title: ANNEMARIE VILLARET, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Feb 4, 1997

236 A.D.2d 216 (N.Y. App. Div. 1997)

653 N.Y.S.2d 851

Opinion

February 4, 1997.

Order, Supreme Court, New York County (Walter Tolub, J.), entered October 17, 1995, which granted defendant's summary judgment motion to dismiss the complaint, unanimously affirmed, without costs.

Before: Sullivan, J.P., Ellerin, Rubin and Mazzarelli, JJ.

The documentary evidence established that the City did not receive prior written notice of the alleged defective condition as required by Administrative Code of the City of New York § 7-201 (b), and plaintiffs conclusory allegations do not create a triable issue with respect to any of the exceptions to the written notice requirement ( see, Elstein v City of New York, 209 AD2d 186). Plaintiffs remaining contentions are without merit.