Appellate Division of the Supreme Court of the State of New York January 21, 2014 (Rosario v. City of New York)

*493To impose liability on defendant City for a defective condition of a tree well, plaintiff must show that the municipality either received prior written notice of the alleged defect or caused or created the defective condition through an affirmative act of negligence (see Tucker v City of New York, 84 AD3d 640, 642-643 [1st Dept 2011], lv denied 17 NY3d 713 [2011]; Oboler v City of New York, 8