Barrett v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously reversed, on the law and facts, with costs, motion denied, and a new trial granted. Memorandum: Plaintiff was injured when he stepped upon the cover of a water valve box located in the bed of South Park Avenue in the City of Buffalo. The cover tipped, and plaintiff’s foot and heel entered the water valve box, resulting in injury to the heel. The parties agree that no prior written notice of a defect in the box or cover was served upon the city clerk pursuant to section 362 of the Buffalo City Charter. The issue on appeal is whether, under the facts of this case, such…
2Cases cited8 opinions
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Barry v. Niagara Frontier Transit System, Inc.New York Court of Appeals · 1974
- Blake v. City of AlbanyNew York Court of Appeals · 1979
- Nicholas v. ReasonAppellate Division of the Supreme Court of the State of New York · 1981
- Muszynski v. City of BuffaloNew York Court of Appeals · 1971
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3Cited by15 opinions
- Thompson v. City of New YorkNew York Court of Appeals · 1991
- Sniper v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1988
- Hogan v. Grand Union Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Leary v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1985
- Ocasio v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 1989
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