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Actual notice

Legal Framework, Liability & Claims
Actual notice Direct, real knowledge of a dangerous condition, such as a property owner who saw a broken sidewalk flag, received a complaint about it, or was served a DOT violation describing it.

Actual notice is the strongest form of knowledge in a sidewalk lawsuit. A DOT violation listing defects on your frontage, a tenant's email about a raised flag, or a 311 complaint forwarded to you can each prove you knew about the hazard before someone fell. Once an NYC owner has actual notice, delay becomes the central issue at trial, since jurors ask why a known danger sat unrepaired. The practical takeaway is simple: treat any written or verbal report of a sidewalk defect as a deadline, and document the repair once it is done.

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