Appellate Division of the Supreme Court of New York, 1993

Messina v. City of New York

Appellate Division of the Supreme Court of New York · Decided February 1, 1993

190 A.D.2d 659; 593 N.Y.S.2d 72; 1993 N.Y. App. Div. LEXIS 848

Cases that cite this one

7 later published cases cite this decision.

Gorman v. Town of Huntington (Appellate Division of the Supreme Court of New York 2007)
Fee v. County of Nassau (Appellate Division of the Supreme Court of New York 2000)
Kitchen v. Incorporated Village of Freeport (Appellate Division of the Supreme Court of New York 1996)
Miller v. City of New York (Appellate Division of the Supreme Court of New York 1996)
Miller v. City of New York (Appellate Division of the Supreme Court of New York 1995)
Olson v. County of Westchester (Appellate Division of the Supreme Court of New York 1995)
Leszczynska v. City of New York (Appellate Division of the Supreme Court of New York 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Nahman, J.), dated June 29, 1990, which, upon a ruling granting the respondent’s motion pursuant to CPLR 4401 to dismiss the complaint at the close of the plaintiffs’ case for failure to present a prima facie case, is in favor of the respondent and against them.

Ordered that the judgment is affirmed, with costs.

In this action to recover damages caused by an allegedly defective condition in a roadway, the court properly granted the respondent’s motion pursuant to CPLR 4401 to dismiss the complaint on the ground that the City had not received prior written notice of the condition as required by Administrative Code of the City of New York § 7-201 (c) (2). Although prior written notice is not required where it is claimed that the municipality was affirmatively negligent in causing or creating the defective condition (see, Kiernan v Thompson, 73 NY2d 840, 841-842; Zash v County of Nassau, 171 AD2d 743, 745), there was no proof that the independent contractor hired by the City created the condition complained of (cf, Combs v Incorporated Vil. of Freeport, 139 AD2d 688). Eiber, J. P., O’Brien, Ritter and Copertino, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.