Elmy v. City of Amsterdam

Appeal from an order of the Supreme Court (Sise, J.), entered August 11, 2004 in Montgomery County, which granted defendants’ motions for summary judgment dismissing the complaint.

Plaintiff tripped and fell while jogging on a portion of a sidewalk that fronts property owned by defendants Steven Serge and Torina Serge in the City of Amsterdam, Montgomery County. Following disclosure, defendant City of Amsterdam and the Serges made separate motions for summary judgment dismissing the complaint. Supreme Court concluded that the City had a valid prior written notice statute in effect and that…