Hughes v. City of Niagara Falls

—Order unanimously affirmed with costs. Memorandum: This matter was previously before our Court on an appeal from an order granting the motion of defendant City of Niagara Falls (City) for summary judgment (Hughes v City of Niagara Falls, 225 AD2d 1059). We reversed and reinstated the complaint on the ground that the prior written notice requirement of the City Charter, relied upon by the City, was invalid and on the further ground that “[t]here is a question of fact whether the City had constructive notice of the decayed tree limb” (Hughes v City of Niagara Falls, supra, at 1060). The City…