Legal Opinion
Berner v. Town of Huntington
New York Supreme Court
Decided August 13, 2002PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Robert A. Lifson, J.
Defendant moves for an order pursuant to CPLR 2221 granting defendant leave to reargue its motion for summary judg*332ment which was denied by decision and order of this court dated April 4, 2002 (Lifson, J.).
In the decision and order as to which reargument is sought, the court determined that the plaintiffs’ claim was not barred based upon the absence of prior written notice to defendant in the circumstance of this case where “defendant had actual knowledge/notice of the condition,” the defendant had previously inspected the condition — at the curb in…
2Cases cited22 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Schuster v. City of New YorkNew York Court of Appeals · 1958
- Poirier v. City of SchenectadyNew York Court of Appeals · 1995
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3Cited by1 opinion
- Berner v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2003