Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06294
Melendez v City of New York
Read the official decision: 2026 NY Slip Op 06294
Holding The court affirmed the dismissal of the personal injury complaint because the plaintiff failed to prove that the City received prior written notice of the specific crosswalk defect. The evidence showed that the symbols on the Big Apple maps did not correspond to the alleged defect, failing to satisfy the statutory condition precedent.
The court’s words
no civil action may be maintained against the City for personal injuries sustained as a consequence of an alleged dangerous condition in the roadway unless written notice of the defective condition was actually given
2026 NY Slip Op 06294, at the official text
The awareness of one defect in the area is insufficient to constitute notice of a different particular defect which caused the accident
2026 NY Slip Op 06294, at the official text
a purported 'dotted line' symbol on the Big Apple maps did not provide the City with prior written notice of the alleged defect
2026 NY Slip Op 06294, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06294 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06294 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1573 |
Recommended citation
ESQ HQ, New York Law Watch, Melendez v City of New York, 2026 NY Slip Op 06294 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06294/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works