Richardson v. City of Lockport

Appellate Division of the Supreme Court of New York

Richardson v. City of Lockport

3 A.D.2d 812, 160 N.Y.S.2d 401, 1957 N.Y. App. Div. LEXIS 6232

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

DecidedMarch 13, 1957

StatusPublished

Cited by1 cases

This text of 3 A.D.2d 812 (Richardson v. City of Lockport) 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

Richardson v. City of Lockport, 3 A.D.2d 812, 160 N.Y.S.2d 401, 1957 N.Y. App. Div. LEXIS 6232 (N.Y. Ct. App. 1957).

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Opinion

Order modified as matter of discretion by granting leave to plaintiffs to serve an amended complaint if so advised, within 20 days after service of a copy of the order herein with notice of entry, and as so modified affirmed, with $10 costs and disbursements to the plaintiffs. Memorandum: The complaint was properly dismissed for legal insufficiency. It failed to allege compliance with the condition precedent to the commencement of the action contained in defendant’s charter, as amended by Local Law No. 1 of the City of Lockport of the Local Laws of 1955. The validity of such a local law is now established (Fullerton v. City of Schenectady, 285 App. Div. 545, affd. 309 N. Y. 701; Ellis v. City of Geneva, 259 App. Div. 502, affd. 288 N. Y. 478). Plaintiffs contend, however, that the complaint is sufficient because it appears therein that the defendant city was the owner of land abutting the sidewalk and operated a city hospital located thereon. It is also claimed that the allegations of the pleadings are sufficient to charge the municipality with active negligence both in its capacity of abutting owner and maintainer of the city sidewalks. We are unable to so construe the pertinent paragraph of the complaint but in the light of plaintiffs’ claims the order should be modified to permit plaintiffs to serve an amended complaint. All concur. (Appeal from an order of Erie Special Term dismissing plaintiffs’ complaint and directing judgment of dismissal, in an action to recover damages for personal injuries alleged to have been sustained by reason of falling on an icy sidewalk.) Present — Vaughan, J. P., Kimball, Williams, Bastow and Goldman, JJ.

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Order modified as matter of discretion by granting leave to plaintiffs to serve an amended complaint if so advised, within 20 days after service of a copy of the order herein with notice of entry, and as so modified affirmed, with $10 costs and disbursements to the plaintiffs. Memorandum: The complaint was properly dismissed for legal insufficiency. It failed to allege compliance with the condition precedent to the commencement of the action contained in defendant’s charter, as amended by Local Law No. 1 of the City of Lockport of the Local Laws of 1955. The validity of such a local law is now established (Fullerton v. City of Schenectady, 285 App. Div. 545, affd. 309 N. Y. 701; Ellis v. City of Geneva, 259 App. Div. 502, affd. 288 N. Y. 478). Plaintiffs contend, however, that the complaint is sufficient because it appears therein that the defendant city was the owner of land abutting the sidewalk and operated a city hospital located thereon. It is also claimed that the allegations of the pleadings are sufficient to charge the municipality with active negligence both in its capacity of abutting owner and maintainer of the city sidewalks. We are unable to so construe the pertinent paragraph of the complaint but in the light of plaintiffs’ claims the order should be modified to permit plaintiffs to serve an amended complaint. All concur. (Appeal from an order of Erie Special Term dismissing plaintiffs’ complaint and directing judgment of dismissal, in an action to recover damages for personal injuries alleged to have been sustained by reason of falling on an icy sidewalk.) Present — Vaughan, J. P., Kimball, Williams, Bastow and Goldman, JJ.

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Bluebook (online)

3 A.D.2d 812, 160 N.Y.S.2d 401, 1957 N.Y. App. Div. LEXIS 6232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-city-of-lockport-nyappdiv-1957.

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