Legal Opinion
Rosell v. City of Kingston
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 2012PublishedCited by 3 opinions
1Opinion of the CourtMalone Jr., J.
*1124Plaintiff commenced this negligence action after she allegedly sustained injuries when she tripped and fell on a flagstone sidewalk that is maintained by defendant in front of defendant’s City Hall. Following discovery, defendant moved for summary judgment dismissing the complaint on the ground that it lacked prior written notice of the specific defect that allegedly caused plaintiffs fall. Supreme Court granted the motion, finding, as is relevant here, that the prior written notice proffered by plaintiff in opposition to the motion identified a defect that was too remote in time and…
2Cases cited6 opinions
- San Marco v. Village/Town of Mount KiscoNew York Court of Appeals · 2010
- Brooks v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1977
- Massey v. City of CohoesAppellate Division of the Supreme Court of the State of New York · 2006
- Marotta v. MassryAppellate Division of the Supreme Court of the State of New York · 2001
- Blanc v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by3 opinions
- Bchakjan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Bchakjan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Van Wageningen v. City of IthacaAppellate Division of the Supreme Court of the State of New York · 2019