Dunster v. City of Rome

Order unanimously reversed on the law without costs and motion granted. Memorandum: Special Term erred in not granting defendant City of Rome’s motion for summary judgment. Plaintiffs papers in opposition to defendant’s motion were defective in that they failed to set forth any evidentiary facts that plaintiff had been injured by active negligence of the municipality. Concededly, no prior written notice of the alleged defect was received by defendant as was required by section 176 (1) of the city’s charter and therefore, absent an evidentiary showing of active negligence on the part of…