Appellate Division of the Supreme Court of the State of New York December 22, 2009 (Haxhaj v. City of New York)

Plaintiffs were unable to show that defendant City, whose duty to maintain its roads and highways in a reasonably safe condition is nondelegable (see Lopes v Rostad, 45 NY2d 617, 623 [1978]; McAllen v City of New York, 270 AD2d 43 [2000]), had prior written notice of the alleged defect in the pathway (Administrative Code of City of NY § 7-201 [c]), or that either defendant had created the defect