Legal Opinion
Schwartz v. Turken
New York Supreme Court
Decided October 1, 1982PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Charles H. Cohen, J.
THE QUESTIONS
I. Does the “pothole law” of the City of New York apply to a claim asserted against the city in a third-party action?
II. Who has the burden of pleading that any written notice required by the “pothole law” was, or was not, given?
THE FACTS
On September 16, 1980, plaintiff Bettina Schwartz fell on a sidewalk outside certain premises owned by defendants located in the City of New York and suffered personal injuries.
THE PLEADINGS
Plaintiffs brought an action against defendants for damages based upon the personal injuries suffered by plaintiff *830Bett…
2Cases cited8 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Barry v. Niagara Frontier Transit System, Inc.New York Court of Appeals · 1974
- George Cohen Agency, Inc. v. Donald S. Perlman Agency, Inc.New York Court of Appeals · 1980
- Valstrey Service Corp. v. Board of ElectionsNew York Court of Appeals · 1957
- Manion v. Pan American World Airways, Inc.New York Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Shepardson v. Town of SchodackAppellate Division of the Supreme Court of the State of New York · 1993
- Aetna Life & Casualty v. City of New YorkCivil Court of the City of New York · 1982
- Bronfman v. East Midtown Plaza Hous. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Grossman v. Osteopathic Hospital & Clinic of New YorkNew York Supreme Court · 1983
- Rebaudo v. New York Telephone Co.Civil Court of the City of New York · 1988