Sparrock v. City of New York

• Decision Date: 11 August 1997
• Citation: Sparrock v. City of New York, 661 N.Y.S.2d 47, 242 A.D.2d 289 (N.Y. App. Div. 1997)
• Parties: , 1997 N.Y. Slip Op. 7142 Philip SPARROCK, et al., Appellants, v. CITY OF NEW YORK, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 47

661 N.Y.S.2d 47

242 A.D.2d 289, 1997 N.Y. Slip Op. 7142

Philip SPARROCK, et al., Appellants, v. CITY OF NEW YORK, et al., Respondents.

Supreme Court, Appellate Division Second Department.

Aug. 11, 1997.

Sanders, Sanders, Block & Woycik, P.C., Mineola, (Edward P. Dunphy and E. David Woycik, of counsel), for appellants.

Paul A. Crotty, Corporation Counsel, New York City, (Larry A. Sonnenshein and Mordecai Newman, of counsel), for respondents.

Before BRACKEN, J.P., and COPERTINO, ALTMAN and FLORIO, JJ.

MEMORANDUM BY THE COURT.

In an action, inter alia, to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Ramirez, J.), dated May 20, 1996, which, upon a jury verdict in favor of the defendants, dismissed the complaint.

ORDERED that the judgment is affirmed, with costs.

The plaintiff Philip Sparrock tripped and fell on a stairway in a park adjacent to the Kings County Supreme Court building. Contrary to his contention, any intra-departmental work orders submitted by a supervisor with the New York City Department of Parks which noted that the steps at issue were in disrepair would not satisfy the notice requirement of the "Pothole Law" (Administrative Code of City of N.Y. § 7-201[c]; see, Laing v. City of New York, 71 N.Y.2d 912, 528 N.Y.S.2d 530, 523 N.E.2d 816). Moreover, the plaintiffs failed to establish that there was a manifest defect in the steps so as to put this case within the narrow exception to the rule requiring written notice (see, Ferris v. County of Suffolk, 174 A.D.2d 70, 579 N.Y.S.2d 436; Blake v. City of Albany, 63 A.D.2d 1075, 405 N.Y.S.2d 832, affd. 48 N.Y.2d 875, 424 N.Y.S.2d 358, 400...