Appellate Division of the Supreme Court of the State of New York November 15, 2011 (Ward v. City of New York)

At trial, plaintiffs counsel unequivocally stated that the sole theory of recovery upon which plaintiffs claims were premised was that of prior written notice to the City. Therefore, plaintiff waived affirmative negligence as a theory of liability, and her arguments pertaining thereto are not preserved for review (see Spierer v Bloomingdale’s, 44 AD3d 336 [2007]).