Silburn v. City of Poughkeepsie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated December 23, 2004, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
*469Pursuant to Poughkeepsie City Charter § 15.03, a plaintiff must plead and prove that the City of Poughkeepsie had prior written notice of a defect in a street before the City can be held hable for its alleged negligence in failing to maintain its…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Estrada v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Cabrera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Gormley v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by8 opinions
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- Smith v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2012
- Latalardo v. Town of ClarkstownAppellate Division of the Supreme Court of the State of New York · 2009
- Lindsay v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2013
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