Legal Opinion

Palo v. Town of Fallsburg

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

Decided December 20, 2012Published

1Opinion of the CourtLahtinen, J.

We affirm. “It is well settled that where, as here, a municipality has enacted a prior written notice statute pertaining to its thoroughfares or sidewalks, it cannot be held liable unless such written notice of the allegedly defective or dangerous condition was actually given” (Gagnon v City of Saratoga Springs, 51 AD3d 1096, 1097 [2008], lv denied 11 NY3d 706 [2008] [footnote and citations omitted]; see Stride v City of Schenectady, 85 AD3d 1409, 1410 [2011]; Westbrook v Village of Endicott, 67 AD3d 1319, 1319 [2009]). Defendant clearly satisfied its evidentiary burden on this issue by…

2Cases cited9 opinions

  1. Amabile v. City of BuffaloNew York Court of Appeals · 1999
  2. Yarborough v. City of New YorkNew York Court of Appeals · 2008
  3. Dalton v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2004
  4. Gagnon v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2008
  5. Boice v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 2009

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