Legal Opinion
San Marco v. Village/Town of Mount Kisco
New York Court of Appeals
Decided December 16, 2010PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
This appeal presents the question of whether a prior written notice statute acts as an absolute bar to recovery against a municipality where a plaintiff slipped and fell on black ice that formed on the municipality’s property. Since the ice hazard at issue may have been created by the municipality’s negligent *115snow removal efforts, and, if so, the municipality may have known of the hazard, we conclude that Supreme Court properly denied defendant’s motion for summary judgment.
Plaintiff Dale San Marco slipped and fell in a parking lot owned by defendant…
2Cases cited13 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Yarborough v. City of New YorkNew York Court of Appeals · 2008
- Oboler v. City of New YorkNew York Court of Appeals · 2007
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Barry v. Niagara Frontier Transit System, Inc.New York Court of Appeals · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Groninger v. Village of MamaroneckNew York Court of Appeals · 2011
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
- Hubbard v. County of MadisonAppellate Division of the Supreme Court of the State of New York · 2012
- Masotto v. Village of LindenhurstAppellate Division of the Supreme Court of the State of New York · 2012
- Beiner v. Village of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 2017
65 more not listed; retrieve them via the Exa API.