Swartzman v. County of Chautauqua

Appellate Division of the Supreme Court of New York

Swartzman v. County of Chautauqua

152 A.D.2d 970, 544 N.Y.S.2d 760, 1989 N.Y. App. Div. LEXIS 9874

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

DecidedJuly 12, 1989

StatusPublished

Cited by2 cases

This text of 152 A.D.2d 970 (Swartzman v. County of Chautauqua) 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

Swartzman v. County of Chautauqua, 152 A.D.2d 970, 544 N.Y.S.2d 760, 1989 N.Y. App. Div. LEXIS 9874 (N.Y. Ct. App. 1989).

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Opinion

Order unanimously reversed on the law without costs and complaint dismissed as against defendant county. Memorandum: Special Term erred in denying the county’s motion to dismiss the complaint for failure to state a cause of action. Plaintiffs’ failure to plead compliance with the requirement of prior written notice of the existence of snow and ice upon the highway requires dismissal of the complaint (see, Highway Law § 139 [2]; Local Laws, 1985, No. 3 of County of Chautauqua; Banta v County of Erie, 134 AD2d [971]*971839, 840; Powell v Gates-Chili Cent. School Dist., 50 AD2d 1079, 1080). (Appeal from order of Supreme Court, Chautauqua County, Ricotta, J. — dismiss complaint.) Present — Callahan, J. P., Doerr, Green, Balio and Davis, JJ.

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Order unanimously reversed on the law without costs and complaint dismissed as against defendant county. Memorandum: Special Term erred in denying the county’s motion to dismiss the complaint for failure to state a cause of action. Plaintiffs’ failure to plead compliance with the requirement of prior written notice of the existence of snow and ice upon the highway requires dismissal of the complaint (see, Highway Law § 139 [2]; Local Laws, 1985, No. 3 of County of Chautauqua; Banta v County of Erie, 134 AD2d [971]*971839, 840; Powell v Gates-Chili Cent. School Dist., 50 AD2d 1079, 1080). (Appeal from order of Supreme Court, Chautauqua County, Ricotta, J. — dismiss complaint.) Present — Callahan, J. P., Doerr, Green, Balio and Davis, JJ.

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Bluebook (online)

152 A.D.2d 970, 544 N.Y.S.2d 760, 1989 N.Y. App. Div. LEXIS 9874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swartzman-v-county-of-chautauqua-nyappdiv-1989.

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