Legal Opinion · Dissent

Kirschner v. Town of Woodstock

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1989Published

1Dissent

Mahoney, P. J., and Weiss, J.,

dissent and vote to reverse in

a memorandum by Weiss, J. Weiss, J. (dissenting). We respectfully dissent. There is no question that prior written notice of the alleged defect as required by Town Law § 65-a (2) was not provided. Absent such notice, the town may be liable for instances of affirmative negligence (see, Waring v City of Saratoga Springs, 92 AD2d 1080; Siddon v Fishman Co., 65 AD2d 832, 833, lv denied 46 NY2d 714), but as the majority explains, the mere failure to clear ice and snow from a municipal walkway does not trigger the affirmative negligence…

2Cases cited12 opinions

  1. Weiss v. FoteNew York Court of Appeals · 1960
  2. Kiernan v. ThompsonNew York Court of Appeals · 1988
  3. Blake v. City of AlbanyNew York Court of Appeals · 1979
  4. Klimek v. Town of GhentAppellate Division of the Supreme Court of the State of New York · 1985
  5. Blake v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1978

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