Gilmore v. City of Rochester

OPINION OF THE COURT

Andrew V. Siracuse, J.

This case presents a significant question in the area of governmental tort liability: when written notice is given to an office which holds itself out as competent to investigate and resolve maintenance problems, may the municipality rely on a statute that requires notice to be given to another official? Under these circumstances, this court holds, the purpose of the prior notice statute has been met and the action may proceed.

On February 11, 1994, plaintiff Carol Gilmore allegedly slipped and fell on broken sidewalk pavement outside her house in the…