Advanced Search  |  Sitemap  |  Contact Us
  
 

FOLLOW US

Subscription required for full online access

Current subscribers to the Buffalo Law Journal, click here to create an account for full online access.

Not a subscriber? Click here to see subscription options. Questions about your online access? Call us at 716-541-1650.

Bizjournals Legal News

Google Legal News

Featured News - Current News - Archived News - News Categories

Appeals court: Maps fail as notice of sidewalk defects

Thu, Dec 25th 2008 12:00 am
ALBANY (AP) - New York's top court says symbols of sidewalk defects on Big Apple Pothole and Sidewalk Protection Corp. maps failed to adequately notify New York City officials of sidewalk defects, rejecting claims from two people who tripped and fell.

In a 4-2 ruling, the Court of Appeals found that the map symbols conveyed inaccurate or no information about the actual defects. In a dissent, two judges say the marks gave the city notice "of some defect," and juries should decide whether they were adequate.

Big Apple was established by the New York Trial Lawyers Association to provide legal notice of hazards in compliance with the Pothole Law, which prohibits civil action against the city for injuries from unsafe sidewalks unless it had prior written notice of a problem.