Marchese v. City of Albany

The primary question raised by this motion is whether lack of compliance with a local law, requiring prior written notice to a municipality of a sidewalk defect, precludes the defendant property owner from cross-claiming against the municipality for apportionment of tort liability. The answer depends on whether or not lack of compliance with the local law may be equated with lack of compliance with section 50-e of the General Municipal Law; for it has already been decided that failure of an individual defendant property owner to comply with 50-e is not fatal to his cross-claim against a…