Gabri v. County of Niagara
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: We affirm Special Term’s dismissal of plaintiff’s complaint against the town for failure to allege compliance with Local Law No. 1 of 1977 of the Town of Pendleton which, we hold, requires, as a condition precedent to bringing suit, the service of written notice on the town of the defect or danger resulting from the existence of snow and ice upon county highways within the town (see Drzewiecki v City of Buffalo, 51 AD2d 870; Powell v Gates-Chili Cent. School Dist., 50 AD2d 1079).…
2Cases cited8 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Riviello v. WaldronNew York Court of Appeals · 1979
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
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3Cited by3 opinions
- Weinstock v. Jenkin Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Piscione v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 1990
- Neely v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1991