Pothole Law

In Wittorf v. City of New York, a bicycle injury case, the Court of Appeals reinstated an approximately $2 million jury verdict against the City. The court’s decision turned on the subtle, yet critical, distinction between “proprietary” and “governmental” functions. Judge Graffeo authored the opinion. Here are the facts of this bicycle injury case: On the…

Read More Court of Appeals Reinstates $2M Bicycle Injury Verdict, Finding That Closing Road Was a “Proprietary” Governmental Function
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In Abott v. City of New York, the Appellate Division, First Department affirmed a directed verdict for the defendant City of New York. Plaintiff sued to recover for injuries sustained after stepping into a pothole. This scenario implicates New York City’s “Pothole Law”, codified as New York City Administrative Code § 7-201. Section 7-201(c)(2) of that statute…

Read More Repairs to Pothole Over One Year Before Accident Defeats Injury Claim Against City of New York
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In Arzeno v. City of New York, the Bronx Supreme Court discussed the application of the New York City Sidewalk Law – codified as New York City Administrative Code (NYCAC) § 7-210 – which generally shifts liability for sidewalk accidents from the City to abutting property owners.  The court dismissed the action against the City, but…

Read More Sidewalk/Hydrant Trip-and-Fall Case Dismissed Against City, Remains Against Abutting Property Owners
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A recent First Department decision, Abott v. City of New York, holds that the trial court properly dismissed plaintiff’s trip-and-fall complaint: The court properly directed a verdict for defendant City, as there was no rational process that would lead the trier of fact to find for plaintiff, who was injured after stepping into a pothole.…

Read More Pothole Injury Case Dismissed in Light of Prior Repairs
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In Sacco v. City of New York (App. Div. 1 Dept. Feb. 16, 2012), an Appellate Division, First Department panel held that the trial court erred in determining, as a matter of law, that the City was not provided with sufficient notice, per NYC Administrative Code § 7-201(c)(2), of the defective condition upon which plaintiff…

Read More Inspection Report Satisfied NYC’s “Pothole Law” Notice Requirement
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