Amabile v. City of Buffalo

Appellate Division of the Supreme Court of New York

Amabile v. City of Buffalo

251 A.D.2d 967, 673 N.Y.S.2d 345, 1998 N.Y. App. Div. LEXIS 6974

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

DecidedJune 10, 1998

StatusPublished

Cited by1 cases

This text of 251 A.D.2d 967 (Amabile v. City of Buffalo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Amabile v. City of Buffalo, 251 A.D.2d 967, 673 N.Y.S.2d 345, 1998 N.Y. App. Div. LEXIS 6974 (N.Y. Ct. App. 1998).

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Opinion

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying the motion of defendant, City of Buffalo (City), for summary judgment dismissing the complaint. Plaintiffs presented no proof that the City had prior written notice of the allegedly defective sidewalk where plaintiff Estelle Amabile fell, as required by section 362 of the City Charter (see generally, Poirier v City of Schenectady, 85 NY2d 310, 313-314). Plaintiffs’ contention that constructive notice may serve as a substitute for prior written notice lacks merit (see, Deans v City of Buffalo, 181 AD2d 1015). (Appeal from Order of Supreme Court, Erie County, Cosgrove, J.— Summary Judgment.) Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

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—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying the motion of defendant, City of Buffalo (City), for summary judgment dismissing the complaint. Plaintiffs presented no proof that the City had prior written notice of the allegedly defective sidewalk where plaintiff Estelle Amabile fell, as required by section 362 of the City Charter (see generally, Poirier v City of Schenectady, 85 NY2d 310, 313-314). Plaintiffs’ contention that constructive notice may serve as a substitute for prior written notice lacks merit (see, Deans v City of Buffalo, 181 AD2d 1015). (Appeal from Order of Supreme Court, Erie County, Cosgrove, J.— Summary Judgment.) Present — Green, J. P., Pine, Hayes, Callahan and Fallon, JJ.

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Bluebook (online)

251 A.D.2d 967, 673 N.Y.S.2d 345, 1998 N.Y. App. Div. LEXIS 6974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amabile-v-city-of-buffalo-nyappdiv-1998.

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