Kushner v. City of Albany

New York Court of Appeals

Kushner v. City of Albany

850 N.E.2d 1157, 7 N.Y.3d 726, 818 N.Y.S.2d 182

CourtNew York Court of Appeals

DecidedJune 6, 2006

StatusPublished

Cited by7 cases

This text of 850 N.E.2d 1157 (Kushner v. City of Albany) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kushner v. City of Albany, 850 N.E.2d 1157, 7 N.Y.3d 726, 818 N.Y.S.2d 182 (N.Y. 2006).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Appellate Division properly determined that plaintiffs failed to raise a triable issue of fact sufficient to withstand a motion for a directed verdict on the question of whether plaintiffs alleged injuries resulted from an affirmative act of negligence that would preclude defendant City of Albany from relying on its prior written notice law (see Amabile v City of Buffalo, 93 NY2d 471, 473-474 [1999]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

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