Legal Opinion
Leary v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1985PublishedCited by 13 opinions
1Opinion of the Court
Order affirmed, without costs. Memorandum: Plaintiff appeals from an order granting summary judgment to defendant in this personal injury action, on the ground that plaintiff failed to comply with the prior written notice provision set forth . in Rochester City Charter § 7a-13. Plaintiff contends that prior written notice of a defective condition of the sidewalk on property adjacent to the area in which she fell satisfies the notice requirement. We disagree. Unlike the circumstances in Brooks v City of Binghamton (55 AD2d 482, 483), relied upon by plaintiff, the defect causing plaintiff’s…
2Cases cited4 opinions
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Holt v. County of TiogaAppellate Division of the Supreme Court of the State of New York · 1983
- Brooks v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1977
- Barrett v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by13 opinions
- Michela v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1991
- Goldston v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 1988
- O'Rourke v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 1987
- Curci v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Jones v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1996
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