Legal Opinion
Belliveau v. Town of Brookhaven
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1991PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (McCarthy, J.), entered September 22, 1989, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the defendant’s motion for summary judgment is granted, and the complaint is dismissed.
Since the record discloses, and the plaintiffs concede, that they did not provide prior written notice of the alleged street defect to the defendant as required by Brookhaven Town Code § 84-1 (A), the…
2Cases cited8 opinions
- Sega v. State of New YorkNew York Court of Appeals · 1983
- First International Bank of Israel, Ltd. v. L. Blankstein & Son, Inc.New York Court of Appeals · 1983
- Block v. MageeAppellate Division of the Supreme Court of the State of New York · 1989
- Arell's Fine Jewelers, Inc. v. Honeywell, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by3 opinions
- Seneca v. SenecaAppellate Division of the Supreme Court of the State of New York · 2002
- Louis Savarese General Contracting v. MychalczakAppellate Division of the Supreme Court of the State of New York · 2000
- Laur & Mack Contracting v. DiCienzoAppellate Division of the Supreme Court of the State of New York · 1996