The crux of the legal issue revolved around the requirement of prior written notice of the defect, a prerequisite for such claims under Administrative Code of the City of New York § 7-201(c). The city defendants successfully demonstrated that no such notice had been received.
The Appellate panel concurred with the lower court's finding, emphasizing the lack of evidence provided by Elsaid to counter the city's records indicating no prior report of the roadway issue.
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