A 90 day Notice of Claim was filed against the City of New York for its failure to maintain the City sidewalk in a reasonably safe condition for pedestrian traffic. Our firm conducted a search of New York City records and documents and determined that the City had prior written notice of the sidewalk defect.
Prior written notice is required when filing a lawsuit against the City of New York for a sidewalk defect when the sidewalk is not in front of a commericial builiding or multiple dwelling. Here, the sidewalk was in front of a two-family home, and accordingly, it was the obligation of the City of New York to see to it that upon receipt of actual notice of the defect that the condition be repaired so as to provide a level and safe walking surface.
In a case against the City of New York, a Notice of Claim must be filed within 90 days of the incident. Here, our firm immediatety filed the required Notice of Claim, commenced a lawsuit against the City, conducted extensive discovery including the examination before trial of witnesses, and certified the case ready for trial.
After numerous Court conferences, the case was settled in Brooklyn, Supreme Court at a Pre-Trial Conference in the sum of $500,000.