Legal Opinion

Witte v. Incorporated Village of Port Washington North

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

Decided October 7, 1985PublishedCited by 19 opinions

1Opinion of the Court

—In a negligence action to recover damages for personal injuries, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Kutner, J.), entered March 22, 1984, which, upon defendant’s motion for summary judgment, dismissed the complaint.

Judgment affirmed, with costs.

Plaintiff seeks to recover damages incurred when she allegedly tripped over a pothole and related debris on a street maintained by defendant, the Incorporated Village of Port Washington North. Defendant asserted in its answer that no prior written notice of the defect had been received, as is required by Village Law…

2Cases cited5 opinions

  1. Muszynski v. City of BuffaloNew York Court of Appeals · 1971
  2. Muszynski v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1969
  3. Lerner Stores Corp. v. Parklane Hosiery Co.Appellate Division of the Supreme Court of the State of New York · 1976
  4. Freeman v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1983
  5. Guarino v. Mohawk Containers Co., Inc.New York Court of Appeals · 1983

3Cited by19 opinions

  1. Adams v. Glass Fab, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Hecht v. Vanderbilt AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
  3. Kuhn v. Camelot Ass'nAppellate Division of the Supreme Court of the State of New York · 2011
  4. Dabbs v. City of PeeksvilleAppellate Division of the Supreme Court of the State of New York · 1991
  5. Maloney v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 2002

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