Legal Opinion
Brzytwa-Wojdat v. Town of Rockland
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1998PublishedCited by 5 opinions
1Opinion of the Court
Mikoll, J. P.
Appeal from an order of the Supreme Court (Kane, J.), entered January 29, 1998 in Sullivan County, which, inter alia, granted defendant’s cross motion for summary judgment dismissing the complaint.
At issue is whether plaintiffs action may survive her failure to satisfy Town of Rockland Municipal Code § 7.2, requiring prior written notice of a highway defect as a condition precedent to the maintenance of an action based on such defect.
Plaintiff alleges that she sustained personal injuries when she fell from her bicycle on November 9, 1996 on Hofer Road near its intersection with…
2Cases cited11 opinions
- Blake v. City of AlbanyNew York Court of Appeals · 1979
- Klimek v. Town of GhentAppellate Division of the Supreme Court of the State of New York · 1985
- Blake v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1978
- Giganti v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1992
- Gormley v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- James v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2001
- Hinkley v. Village of BallSton SpaAppellate Division of the Supreme Court of the State of New York · 2003
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