Young v City of New York

Holding The Appellate Division reversed the lower court’s grant of summary judgment because the defendants failed to demonstrate prima facie that they did not receive prior written notice of the defective boardwalk condition. The supporting affidavit was insufficient because it did not unequivocally assert that the search failed to reveal notice and did not attach the searched records.

The court’s words

the defendants failed to demonstrate, prima facie, that they did not receive prior written notice of the alleged defect

2026 NY Slip Op 06166, at the official text

the affidavit did not unequivocally assert that the search failed to reveal any prior written notice

2026 NY Slip Op 06166, at the official text

the searched records apparently were not attached to the affidavit

2026 NY Slip Op 06166, at the official text

the defendants otherwise failed to show that all of the relevant records were searched

2026 NY Slip Op 06166, at the official text