Smith v. Town of Brookhaven
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Spinner, J.), dated August 21, 2006, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.
A municipality that has enacted a prior written notice law is excused from liability absent proof of prior written notice or an exception thereto (see Poirier v City of Schenectady, 85 NY2d 310 [1995]; Perrington v City of Mount…
2Cases cited10 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Poirier v. City of SchenectadyNew York Court of Appeals · 1995
- Lopez v. G&J Rudolph Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Hyland v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
- Delgado v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by10 opinions
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- Trinidad v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 2008
- Carlo v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 2008
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