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RIGOBERTO MELENDEZ, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The plaintiff tripped and fell over a manhole cover, which had been placed in an opening in the sidewalk, in an inverted manner, such that protruding structures on the bottom of the cover faced upward on the sidewalk.

At trial, the plaintiff failed to establish compliance with the applicable prior written notice law, Administrative Code of the City of New York § 7-201. Moreover, upon the evidence presented at trial, there exists no valid line of reasoning and permissible inferences ( see Tapia v Dattco, Inc., 32 AD3d 842) which could possibly have led rational individuals to conclude that the respondents created the defect through an affirmative act of negligence, or that the manhole cover constituted a "special use" which conferred a special benefit upon the locality ( see Oboler v City of New York, 8 NY3d 888, 889; Amabile v City of Buffalo, 93 NY2d 471, 474; Ramos v City of New York, 55 AD3d 896). Accordingly, the Supreme Court properly granted the respondents' motion pursuant to CPLR 4401.

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MELENDEZ v. CITY OF NEW YORK
(Apr 20, 2010)