Lehman v. City of New York
Opinion of the Court
Order, Supreme Court, New York County (Faviola A. Soto, J.), entered December 23, 2004, which precluded defendant City of New York from asserting a defense of lack of notice of defect or prior complaint, or
Under the particular circumstances of this case, preclusion of the City’s defenses was not warranted (see e.g. Cianciolo v Trism Specialized Carriers, 274 AD2d 369 [2000]; cf. Jackson v City of New York, 185 AD2d 768 [1992]; see also Ahroni v City of New York, 175 AD2d 789 [1991]).
We have considered the City’s other arguments and find them unavailing, except insofar as we vacate the award of costs in favor of defendant Felix Industries. Concur—Andrias, J.P., Saxe, Friedman, Gonzalez and Catterson, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.