Legal Opinion

Roth v. Town of North Hempstead

Appellate Division of the Supreme Court of the State of New York

Decided June 5, 2000PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover dam*216ages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated May 17, 1999, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, with costs, the motion is granted, and the complaint is dismissed.

The Supreme Court erred in denying the defendant’s motion for summary judgment. It is well settled that a municipality which has enacted a prior written notice statute may not be subject to liability for personal injuries from an improperly maintained sidewalk…

2Cases cited3 opinions

  1. Amabile v. City of BuffaloNew York Court of Appeals · 1999
  2. Poirier v. City of SchenectadyNew York Court of Appeals · 1995
  3. Rogers v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by7 opinions

  1. McCarthy v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2008
  2. Cenname v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2003
  3. Gorman v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2007
  4. James v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2001
  5. Hampton v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2002

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