Alan D. Oboler, Appellants v. City of New York, Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal, holding that the plaintiff failed to establish a prima facie negligence claim under the prior written notice law because he offered no evidence of the City’s affirmative act creating the hazard or any special benefit, and that the expert testimony, even if admitted, would not affect the outcome.