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PABLO OCASIO, Respondent, v. CITY OF NEW YORK, Appellant.

The facts of this case are analogous to those in our recent decision in Bielecki v. City of New York ( 14 AD3d 301). In Bielecki, we affirmed the trial court in granting the City's motion to set aside the verdict and dismiss the complaint where the plaintiff failed to show that the City had prior written notice (Administrative Code of City of NY § 7-201 [c] [2]) of the hole in a pedestrian walkway that he stepped into, causing his injuries. Similarly here, the record evidence shows that the City did not receive such notice of the pothole that caused plaintiff's injury and that the pothole's recurrence, approximately two years after repair by the City, was not the result of an affirmative act of negligence by the City ( cf. Kiernan v. Thompson, 73 NY2d 840).

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OCASIO v. CITY OF NEW YORK
(Apr 13, 2006)