The New York Court of Appeals on April 5, 2022 in Albany, New York. Photo: Ryland West/ALMApp Allowing Public to Suggest Road Fixes Creates 'Prior Written Notice', NY Top Court Says
The "SeeClickFix" app and similar technology that New York municipalities offer to allow the public to suggest road fixes, serves as prior written notice, according to a 7-0 Court of Appeals ruling issued Tuesday. The decision allows an injured motorcyclist's negligence claim against the City of Albany to proceed. Five large cities in central and western NY that are using the technology say the decision puts them on the hook for greater liability.
December 17, 2024 at 05:34 PM
3 minute read
New York’s top court was in accord on Tuesday in ruling that an app that municipalities offer to allow the public to suggest road fixes serves as prior written notice of those defects.
As such, the New York Court of Appeals said a trial court judge and the Appellate Division, Third Department, properly denied the city of Albany’s motion to dismiss a January 2020 lawsuit filed by a motorcyclist who sustained a broken leg, allegedly as a result of a road defect on Lark Street in 2019.
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