Bruni v. City of New York

In Bruni v. City of New York, 2 N.Y.3d 319 (2004) the Court held that an 'acknowledgment' sufficient to satisfy the Pothole Law is a written statement showing that the city agency responsible for repairing a condition had first-hand knowledge both of the existence and the dangerous nature of the condition. (Bruni, 2 N.Y.3d at 326-27.) In Bruni, the "written acknowledgment" clause of 7-201 was satisfied by the report and work order from the agency responsible for addressing a particular condition, and therefore these internal documents referencing a cave in, generated by an employee of the Department of Environmental Protection ("DEP"), were deemed satisfactory as it was DEP's responsibility to repair the cave in. (Bruni, 2 N.Y.3d at 325.)