Schiffman v. City of Long Beach

26 Misc. 2d 830, 208 N.Y.S.2d 811, 1960 N.Y. Misc. LEXIS 2072

Opinion

Habió Pittoni, J.

Motion to dismiss the complaint is granted with leave to serve an amended complaint within 10 days after the service of a copy of the order.

The plaintiff, Blanche Schiffman, fell on a public sidewalk in the City of Long Beach. The complaint alleges negligent maintenance by the city, but no allegation of written notice of the defective condition of the sidewalk is pleaded, as required by section 256-a of the Charter of the City of Long Beach. Therefore, the complaint must be dismissed. (Ellis v. City of Geneva, 259 App. Div. 502, affd. 288 N. Y. 478; Fullerton v. City of Schenectady, 285 App. Div. 545, affd. 309 N. Y. 701; Skelly v. Village of Port Chester, 6 A D 2d 717; Feinson v. City of Long Beach, 137 N. Y. S. 2d 98.)