Perrington v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, West-*572Chester County (Lefkowitz, J.), entered October 3, 2005, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A municipality that has enacted a prior written notice law is excused from liability absent proof of prior written notice or an exception thereto (see Poirier v City of Schenectady, 85 NY2d 310 [1995]). The Court of Appeals has recognized two exceptions to this rule, “namely, where the locality created the…
2Cases cited10 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Poirier v. City of SchenectadyNew York Court of Appeals · 1995
- Lopez v. G&J Rudolph Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Gold v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2005
- Filaski-Fitzgerald v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by9 opinions
- Delgado v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2007
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- Smith v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2007
- Jacobs v. Village of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2007
- Wilson v. Incorporated Village of HempsteadAppellate Division of the Supreme Court of the State of New York · 2014
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