Drake v. City of Buffalo

OPINION OF THE COURT

Carmelo A. Parlato, J.

In this action, plaintiff seeks recovery for alleged damage to *30his automobile caused by a defective water box cover striking his automobile when he drove same over said water box cover on a street in the defendant city. The defendant has moved for summary judgment (CPLR 3212) on the ground that there was no compliance with the provisions of section 362 of the Charter of the City of Buffalo, by which prior notice of an alleged defect must be given to the city clerk. Plaintiff does not claim that such notice was given; his position is, rather, that said…