Gurbanova v. City of Ithaca

Summary

The Court of Appeals affirmed the Appellate Division’s summary‑judgment ruling, holding that the municipal parking lot is a highway and that the defective bollard is subject to the city’s prior‑written‑notice requirement. The court further held that the City did not create the dangerous condition through affirmative negligence and that the plaintiffs failed to meet their burden of showing a triable issue of fact on that theory.