Legal Opinion

Healy v. City of Tonawanda

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1996PublishedCited by 5 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court should have granted defendant’s motion and dismissed the complaint. Plaintiff alleged that she was injured when she stepped in a pothole in a parking lot owned by the City of Tonawanda (City). She alleged that her injuries resulted from the negligence of the City in failing to maintain the parking lot and to repair the pothole, which constituted a dangerous or defective condition on its property.

Title XVI, § 5 of the City of Tonawanda Charter mandates that, as a condition…

2Cases cited5 opinions

  1. Kiernan v. ThompsonNew York Court of Appeals · 1988
  2. Stratton v. City of BeaconAppellate Division of the Supreme Court of the State of New York · 1983
  3. Deans v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1992
  4. Kelly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
  5. Miller v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by5 opinions

  1. Groninger v. Village of MamaroneckNew York Court of Appeals · 2011
  2. GAWRON, EDWARD v. TOWN OF CHEEKTOWAGAAppellate Division of the Supreme Court of the State of New York · 2014
  3. Gawron v. Town of CheektowagaAppellate Division of the Supreme Court of the State of New York · 2014
  4. Gawron v. Town of CheektowagaAppellate Division of the Supreme Court of the State of New York · 2014
  5. Groninger v. Village of MamaroneckNew York Court of Appeals · 2011

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