New York Court of Appeals

Alyce Katz, Appellant v. City of New York, Respondent

December 28, 199587 N.Y.2d 241

Summary

The New York Court of Appeals affirmed the Appellate Division's order dismissing the plaintiff's claim because the earlier 1986 map did not satisfy the statutory prior written notice requirement, as a later 1987 map superseded it. The Court held that notice must be traced to the most current map on file. Judge Smith dissented, arguing the plaintiff had satisfied the notice requirement and the majority imposed an improper burden.