Lori Duffel sued the City of Syracuse after she trip and fell over a sunken sidewalk tree grate.
When the Onondaga County Supreme Court declined Syracuse's request to dismiss the case (on the grounds that the grate was a part of the sidewalk and that Duffel hadn't notified the City of any defect as required by local law (Syracuse City Charter § 8-115)), the City appealed to the Appellate Division, Fourth Department.
Since Syracuse hadn't been given prior written notice the purported defect, and none of the governing exceptions applied, the AD4 kicked the case out. (Apparently, absent notice, Duffel needed to show an act of negligence or proof of negligent design or construction.)
They sure bagged that Duffel.
To view a copy of the Appellate Division's decision, please use this link: Duffel v. City of Syracuse