Jensen v. City of Tonawanda

Appellate Division of the Supreme Court of New York

Jensen v. City of Tonawanda

206 A.D.2d 918, 616 N.Y.S.2d 314, 1994 N.Y. App. Div. LEXIS 7855

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

DecidedJuly 15, 1994

StatusPublished

Cited by2 cases

This text of 206 A.D.2d 918 (Jensen v. City of Tonawanda) 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.

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Jensen v. City of Tonawanda, 206 A.D.2d 918, 616 N.Y.S.2d 314, 1994 N.Y. App. Div. LEXIS 7855 (N.Y. Ct. App. 1994).

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Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of the City of Tonawanda (City) for summary judgment on those portions of the amended complaint that alleged liability on the ground of failure to maintain or repair the sidewalk. A written "Record of Complaint” prepared by a municipal employee and filed in the proper office may constitute prior written notice of a defect (see, Brooks v City of Binghamton, 55 AD2d 482). A factual issue exists, however, whether the condition observed by the City’s Superintendent of Public Works, who reported the condition to the employee who wrote the "Record of Complaint”, is the same condition that allegedly caused plaintiff Loraine Jensen’s accident and injury. (Appeal from Order of Supreme Court, Erie County, Cosgrove, J.—Summary Judgment.) Present—Balio, J. P., Lawton, Callahan, Doerr and Boehm, JJ.

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Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of the City of Tonawanda (City) for summary judgment on those portions of the amended complaint that alleged liability on the ground of failure to maintain or repair the sidewalk. A written "Record of Complaint” prepared by a municipal employee and filed in the proper office may constitute prior written notice of a defect (see, Brooks v City of Binghamton, 55 AD2d 482). A factual issue exists, however, whether the condition observed by the City’s Superintendent of Public Works, who reported the condition to the employee who wrote the "Record of Complaint”, is the same condition that allegedly caused plaintiff Loraine Jensen’s accident and injury. (Appeal from Order of Supreme Court, Erie County, Cosgrove, J.—Summary Judgment.) Present—Balio, J. P., Lawton, Callahan, Doerr and Boehm, JJ.

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Bluebook (online)

206 A.D.2d 918, 616 N.Y.S.2d 314, 1994 N.Y. App. Div. LEXIS 7855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jensen-v-city-of-tonawanda-nyappdiv-1994.

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