In this pothole-related accident case, the court properly granted the City's motion for summary judgment dismissing the cross claims against it. Pursuant to Administrative Code of the City of New York § 7-201(c)(2), prior written notice is a condition precedent to maintaining an action against the City arising from a street defect. The City properly established, through an affidavit from an appropriate official, that a search of the Department of Transportation's records was conducted and that there was no prior written notice of the defective condition (see Cruz v. City of New York, 218 A.D.2d 546, 547).
There is no evidence that the City created the defective condition. Accordingly, that exception to the requirement of prior written notice does not apply. Neither actual nor constructive notice of the defect may substitute for prior written notice (Amabile v. City of Buffalo, 93 N.Y.2d 471, 474; see also Cenname v. Town of Smithtown, 303 A.D.2d 351).
We have considered appellants' remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.