Drzewiecki v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: Plaintiffs recovered a verdict for property damage to their building resulting from vibrations caused when passing trucks and buses struck a depression in the street. The trial court set aside the verdict and dismissed the complaint *871because plaintiffs failed to prove that the city clerk had received prior written notice of the defect as required by section 362 of the Buffalo City Charter. Concededly, such notice was not delivered to the city clerk. However, the city engineer had prior written notice and plaintiffs contend that substantial…
2Cases cited8 opinions
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Barry v. Niagara Frontier Transit System, Inc.New York Court of Appeals · 1974
- Fullerton v. City of SchenectadyNew York Court of Appeals · 1955
- Fullerton v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1955
- Ellis v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 1940
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3Cited by26 opinions
- Gorman v. Town of HuntingtonNew York Court of Appeals · 2009
- Stratton v. City of BeaconAppellate Division of the Supreme Court of the State of New York · 1983
- Brooks v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1977
- Cipriano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Siddon v. M. H. Fishman Co.Appellate Division of the Supreme Court of the State of New York · 1978
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