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Villaret v. City of New York
Citations: 236 A.D.2d 216; 653 N.Y.S.2d 851; 1997 N.Y. App. Div. LEXIS 793
Court: Appellate Division of the Supreme Court of the State of New York; February 3, 1997; New York; State Appellate Court
The Supreme Court of New York County, under Justice Walter Tolub, issued an order on October 17, 1995, granting the defendant's motion for summary judgment to dismiss the complaint. The court affirmed this decision unanimously and without costs. The ruling was based on documentary evidence indicating that the City did not receive the required prior written notice of the alleged defective condition, as mandated by Administrative Code of the City of New York § 7-201(b). The plaintiff's conclusory allegations failed to establish a triable issue regarding any exceptions to this written notice requirement, referencing the precedent set in Elstein v. City of New York, 209 AD2d 186. Additionally, the court found the plaintiff's remaining arguments to be without merit. The decision was concurred by Justices Sullivan, Ellerin, Rubin, and Mazzarelli.