Legal Opinion
McDermott v. Village of Menands
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 1980PublishedCited by 7 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered January 24, 1979, in Albany County, which granted leave to plaintiff to serve an amended complaint. Plaintiff was injured when he allegedly fell into a hole in a public sidewalk in the Village of Menands. After timely service of a notice of claim, plaintiff commenced an action against the village and others alleging negligent maintenance of the sidewalk. Neither the notice of claim nor the complaint alleged that a written notice of the defect had been served upon the village as required by CPLR 9804 and section 6-628 of the…
2Cases cited3 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Leonard Hospital v. MessierAppellate Division of the Supreme Court of the State of New York · 1969
3Cited by7 opinions
- Riverside South Planning Corp. v. CRP/Extell RiversideAppellate Division of the Supreme Court of the State of New York · 2008
- Tilden Financial Corp. v. MuffolettoAppellate Division of the Supreme Court of the State of New York · 1990
- De Rosa v. Di BenedettoAppellate Division of the Supreme Court of the State of New York · 1982
- Saxon v. Tung Foon OngAppellate Division of the Supreme Court of the State of New York · 1982
- Whitman v. City of TroyNew York Supreme Court · 2004
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