What requirements must be met in order to prevail in a law suit against the City of New York when the defective sidewalk is abutting a one-two or three family owner occupied private residential building?

There are several situations which would allow for legal liability to attach against the City of New York, including:

• The City of New York properly received prior written notice of the defective condition which proximately caused the person to fall.
• The City of New York caused or created the defective condition which proximately caused the fall.
• The City of New York utilized the sidewalk for a “special use”.

There are special pleading requirements when suing the City of New York and the need to file a Notice of Claim within 90 days of the accrual of the claim.