Jannicelli v. City of Schenectady

*1207Plaintiff commenced this negligence action to recover for injuries he suffered when he fell after stepping in a hole in the ground covered with grass clippings on a median on the street where he resides. Plaintiff alleged, among other things, that defendant negligently and carelessly caused the hole to be obscured by leaving it covered with grass clippings after mowing the median. When defendant moved for summary judgment alleging that it did not receive prior written notice of this hazardous condition as required by its charter (see Schenectady City Charter § C7-1), plaintiff conceded that…