Pennamen v. Town of Babylon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff allegedly tripped over a bent and defective storm drain grate located in the roadway at the end of his mother’s driveway while he was carrying bags of yard debris to be placed at the curb for pick-up. He commenced this action against the defendant, Town of Babylon, alleging that he sustained personal injuries. The Town moved for summary judgment dismissing the complaint, contending that it lacked prior written notice of the alleged defective condition. The Supreme Court denied the Town’s motion. We affirm.
Where a municipality has enacted a prior written notice statute, it may…
2Cases cited8 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Yarborough v. City of New YorkNew York Court of Appeals · 2008
- Groninger v. Village of MamaroneckNew York Court of Appeals · 2011
- Lopez v. G&J Rudolph Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- De La Reguera v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by18 opinions
- Braver v. Village of CedarhurstAppellate Division of the Supreme Court of the State of New York · 2012
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- Conner v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Pallotta v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Phillips v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
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