Legal Opinion

McCabe v. Town of Riverhead

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

Decided December 1, 2003PublishedCited by 9 opinions

1Opinion of the Court

*417In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Kitson, J.), dated October 2, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. The Town of Riverhead did not receive prior written notice of the sidewalk defect over which the plaintiff allegedly tripped and fell as required by the Town of Riverhead Code § 10-2. Contrary to the…

2Cases cited5 opinions

  1. Camenson v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2002
  2. James v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2001
  3. Jones v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1996
  4. Gellos v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2001
  5. Hampton v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by9 opinions

  1. Dalton v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2004
  2. Pagano v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2010
  3. Cornish v. City of IthacaAppellate Division of the Supreme Court of the State of New York · 2017
  4. Nieves v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
  5. Martens v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2012

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