Rosenblum v. City of New York
Cases that cite this one
13 later published cases cite this decision.
- Flynn v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- Zimbardi v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Acevedo v. City of New York (Appellate Division of the Supreme Court of New York 2026)
- Acevedo v. City of New York (New York Supreme Court, New York County 2024)
- Dunn v. City of New York (Appellate Division of the Supreme Court of New York 2022)
- Dunn v. City of New York (Appellate Division of the Supreme Court of New York 2022)
- Figueroa v. City of New York (Appellate Division of the Supreme Court of New York 2022)
- Stein v. City of New York (Appellate Division of the Supreme Court of New York 2017)
- Pallotta v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Haulsey v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Hogin v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Hogin v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Magee v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 2012)
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
The record demonstrates that the City did not receive prior written notice of the defect pursuant to Administrative Code of the City of New York § 7-201 (c) (2). Accordingly, the burden shifted to plaintiff to establish one of the exceptions to the prior written notice requirement. The only possible exception applicable in this case is that the City’s affirmative act of negligence immediately resulted in the existence of a dangerous condition (see Yarborough v City of New York, 10 NY3d 726 [2008]; Oboler v City of New York, 8 NY3d 888 [2007]). Contrary to plaintiffs contention, “constructive notice of a defect may not override the statutory requirement of prior written notice of a [roadway] defect” (Amabile v City of Buffalo, 93 NY2d 471, 475-476 [1999]).
Here, a Department of Transportation search of its records revealed that pothole repair and resurfacing work had been performed and completed by the City at the subject location in June 2002, approximately two years before plaintiffs accident.
We have considered plaintiffs remaining arguments, including her claim that further discovery was necessary, and find them unavailing. Concur — Friedman, J.P, Catterson, Moskowitz, Freedman and Abdus-Salaam, JJ. [Prior Case History: 2010 NY Slip Op 32217(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.