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Prior written notice

Legal Framework, Liability & Claims
Prior written notice A legal requirement that a municipality must have received written notice of a specific defect, such as a broken sidewalk, before it can be held liable for injuries that defect causes.

New York courts enforce prior written notice rules strictly: the notice generally must be in writing, describe the actual defect location and condition, and reach the official designated to receive it. In NYC the rule lives in § 7-201(c)(2) and applies to claims that still run against the City, such as falls next to exempt owner-occupied small homes. A 311 call alone may not qualify. Private property owners get no such protection, which is one more reason commercial and multi-family owners should treat visible sidewalk defects as urgent rather than waiting for a complaint.

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