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Muszynski v. City of Buffalo

33 A.D.2d 648, 305 N.Y.S.2d 163, 1969 N.Y. App. Div. LEXIS 2941
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 30, 1969
StatusPublished
Cited by23 cases

This text of 33 A.D.2d 648 (Muszynski 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
Muszynski v. City of Buffalo, 33 A.D.2d 648, 305 N.Y.S.2d 163, 1969 N.Y. App. Div. LEXIS 2941 (N.Y. Ct. App. 1969).

Opinion

Judgment and order unanimously reversed on the law and facts, with costs, verdict reinstated and judgment directed in favor of appellant. Memorandum: There was evidence that the city placed a barrel of rock salt on the sidewalk, refilled it from time to time and that rock salt which spilled from the barrel caused the sidewalk to deteriorate, creating a dangerous condition. Prior written notice of a defective condition is not required where the defendant city causes or creates the condition. (Filsno v. City of Rochester, 10 A D 2d 663; Appelbaum v. City of Long Beach, 8 A D 2d 818.) (Appeal from judgment of Erie Trial Term dismissing complaint in negligence action, and from order denying reinstatement of verdict.) Present —Del Vecchio, J. P., Marsh, Gabrielli, Moule and Bastow, JJ. [49 Mise 2d 957.]

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Bluebook (online)
33 A.D.2d 648, 305 N.Y.S.2d 163, 1969 N.Y. App. Div. LEXIS 2941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muszynski-v-city-of-buffalo-nyappdiv-1969.