Legal Opinion

Amabile v. City of Buffalo

New York Court of Appeals

Decided June 8, 1999PublishedCited by 476 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The issue here is whether constructive notice of a sidewalk defect can, satisfy a statutory requirement of written notice to a municipality. We conclude that it cannot and therefore affirm the order of the Appellate Division.

On November 23, 1991, plaintiff Estelle Amabile exited a building at 805 Elk Street, located at the corner of Melvin Place in the City of Buffalo. As she stepped onto the sidewalk and began walking toward her car, plaintiff fell and injured her right wrist and hand. Plaintiff underwent surgery and allegedly suffered permanent nerve damage.…

2Cases cited15 opinions

  1. Poirier v. City of SchenectadyNew York Court of Appeals · 1995
  2. D'Ambrosio v. City of New YorkNew York Court of Appeals · 1982
  3. Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
  4. MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
  5. Kiernan v. ThompsonNew York Court of Appeals · 1988

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3Cited by476 opinions

  1. Yarborough v. City of New YorkNew York Court of Appeals · 2008
  2. Oboler v. City of New YorkNew York Court of Appeals · 2007
  3. Groninger v. Village of MamaroneckNew York Court of Appeals · 2011
  4. San Marco v. Village/Town of Mount KiscoNew York Court of Appeals · 2010
  5. Gorman v. Town of HuntingtonNew York Court of Appeals · 2009

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