Legal Opinion
Montante v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1992PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed on the law with costs, motion and cross motion denied and complaint reinstated. Memorandum: Plaintiff commenced this action to recover damages for injuries allegedly sustained when he tripped over a metal sign sleeve protruding about six inches above a sidewalk in the City of Rochester. Plaintiff alleged that the dangerous condition was caused, created or maintained by the County of Monroe and the City of Rochester. The County, in moving for summary judgment, presented conflicting evidence concerning whether the County had constructive notice of the dangerous…
2Cases cited8 opinions
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Kiernan v. ThompsonNew York Court of Appeals · 1988
- Schare v. Incorporated Village of East RockawayAppellate Division of the Supreme Court of the State of New York · 1983
- Filsno v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1960
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3Cited by5 opinions
- Poirier v. City of SchenectadyNew York Court of Appeals · 1995
- Ricciuti v. Village of TuckahoeAppellate Division of the Supreme Court of the State of New York · 1994
- Gaither v. Saga Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Town Board of Town of Ellicott v. LeeAppellate Division of the Supreme Court of the State of New York · 1997
- Poirier v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1994