Posted on Nov 18, 2009
In this case which just came down on November 10, the plaintiff sustained personal injuries when she stepped into a pothole in the street immediately adjacent to sidewalk construction. As a result, the plaintiff sued the City of New York, as well as the owner of the property fronting the construction area, which turned out to be a co-op. Ultimately, the Court granted the City's motion, and dismissed the case as against them pursuant to Administrative Code §7-210, a/k/a New York's "Pothole Law," because the plaintiff could not prove that the City had prior notice of the defect. On the other hand, the Appellate Court did not uphold the dismissal of the claims against the co-op because the Court felt that the co-op failed to meet its burden of proof in demonstrating that the individual shareholders did not have responsibility, or liability, for the defective area, nor did the co-op submit any evidence that it had nothing to do with authorizing the construction.