As the New York Law Journal aptly points out, the Appellate Division, First Department, set forth the outer boundaries of New York City’s Pothole Law in Bielecki v. City of New York.  Under the Pothole Law (Administrative Code of City of NY, § 7-201[c][2]), the City must receive prior written notice of the particular dangerous condition before it can be held liable for injuries sustained as a result of that particular condition.  An exception exists to the rule that makes the City liable where its work results in the dangerous condition (see Amabile v. City of Buffalo).

The First Department reeled in that exception by stating that it was limited to work that immediately results in the dangerous conditon.  This holding somewhat closes the gate on those cases in which prior notice was not given but the plaintiff might be able to demonstrate that the City had worked in the vicinity several days, weeks, or months before.

For an interesting Court of Appeals case on a related issues concerning dangerous conditions on streets, see Brown v. City of New York.