Legal Opinion
Ovisinak v. Town of Southold
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2000PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 12, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly awarded summary judgment to the defendant. Pursuant to Town Law § 65-a (2), prior written notice is a condition precedent to maintaining an action against the defendant arising from a sidewalk defect (see, Amabile v City of Buffalo, 93 NY2d 471; Sloan v Village of Hempstead,…
2Cases cited8 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Strauss v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1994
- Gormley v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1989
- Sloan v. Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 1996
- Hirsch v. Morgan Stanley & Co.Appellate Division of the Supreme Court of the State of New York · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cabrera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Johnson v. LovettAppellate Division of the Supreme Court of the State of New York · 2001
- Mollin v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2003
- Silburn v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2006