Shaw v. City of Auburn
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously reversed, on the law and facts, without costs, and complaint dismissed. Memorandum: Plaintiffs have recovered a verdict for damages sustained as a result of an accident occurring when plaintiff Helen Shaw tripped on a depressed manhole located in an Auburn city street and fractured a bone in her foot. There was no evidence that the defect was caused by the municipality and thus, compliance with the prior written notice provision of section 157 of the Auburn Municipal Code was an essential element of plaintiffs’ causes of action. Since they failed to either plead or…
2Cases cited6 opinions
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Fullerton v. City of SchenectadyNew York Court of Appeals · 1955
- Fullerton v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1955
- Fullerton v. City of SchenectadySupreme Court of the United States · 1956
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3Cited by6 opinions
- Barrett v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1983
- Freeman v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1983
- Meltzer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
- Waters v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1990
- Zortman v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.