New York Court of Appeals
Kashawn Yarborough, Appellant v. City of New York, Respondent, Defendant
February 7, 200810 N.Y.3d 726
Summary
The Court of Appeals affirmed the Appellate Division’s grant of summary judgment to the City of New York, holding that the plaintiff failed to show the City’s negligent repair immediately created the dangerous pothole. The decision rests on the Pothole Law’s notice requirement and the narrow scope of the affirmative‑negligence exception.