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FRASER v. CITY OF NEW YORK
Appellate Division of the Supreme Court of New York, Second Department.
Apr 8, 1996
Ordered that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the repair order of the Department of Transportation, dated June 2, 1987, did not provide prior written notice of the condition which led to the plaintiff's injuries as required by New York City Administrative Code ยง 7-201 (c) (2). The repair order merely indicated that there were holes in a stretch of roadway which exceeded 400 feet in length. Thus, the repair order failed to bring the particular condition at issue to the attention of the defendant ( see, Weinreb v. City of New York, 193 A.D.2d 596). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.
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