Legal Opinion

Danis v. Incorporated Village of Atlantic Beach

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

Decided June 29, 2010PublishedCited by 5 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Feinman, J.), entered March 24, 2010, which denied its motion for summary judgment dismissing the complaint.

*1274Ordered that the order is affirmed, with costs.

“A municipality that has adopted a prior written notice law cannot be held liable for injuries sustained as a result of an alleged defect on its property, absent the requisite notice, unless an exception to the notice requirement applies” (Lopez v Town of Hempstead, 50 AD3d 645, 646 [2008]; see Delgado v County of…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Amabile v. City of BuffaloNew York Court of Appeals · 1999
  3. Delgado v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2007
  4. Lopez v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by5 opinions

  1. Salierno v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2013
  2. Cebron v. TuncogluAppellate Division of the Supreme Court of the State of New York · 2013
  3. Weed v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 2011
  4. Cebron v. TuncogluAppellate Division of the Supreme Court of the State of New York · 2013
  5. Salierno v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2013

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