Legal Opinion
Lalley v. Adam, Meldrum & Anderson Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 1992PublishedCited by 8 opinions
1Opinion of the Court
— Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the *1084motion of defendant City of Buffalo for summary judgment dismissing plaintiffs’ complaint because plaintiffs failed to comply with section 362 of the Charter of the City of Buffalo, which requires that prior written notice of the defect be given to the City Clerk (see, Drzewiecki v City of Buffalo, 51 AD2d 870). The fact that the City had actual knowledge of the defect and had sent a notice to the abutting landowner to make repairs does not excuse plaintiffs’ lack of compliance with section 362 (see,…
2Cases cited5 opinions
- Blake v. City of AlbanyNew York Court of Appeals · 1979
- Conlon v. Village of PleasantvilleAppellate Division of the Supreme Court of the State of New York · 1989
- Blake v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1978
- Drzewiecki v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1976
- Dobransky v. City of WatertownAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by8 opinions
- Gorman v. RavesiAppellate Division of the Supreme Court of the State of New York · 1998
- Gorman v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2007
- Wisnowski v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1995
- Oswald v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 2004
- Montes v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2002
3 more not listed; retrieve them via the Exa API.