Villaret v. City of New York

Appellate Division of the Supreme Court of New York

Villaret v. City of New York

236 A.D.2d 216, 653 N.Y.S.2d 851, 1997 N.Y. App. Div. LEXIS 793

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

DecidedFebruary 4, 1997

StatusPublished

Cited by3 cases

This text of 236 A.D.2d 216 (Villaret v. City of New York) 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

Villaret v. City of New York, 236 A.D.2d 216, 653 N.Y.S.2d 851, 1997 N.Y. App. Div. LEXIS 793 (N.Y. Ct. App. 1997).

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Opinion

—Order, Supreme Court, New York County (Walter Tolub, J.), entered October 17, 1995, which granted defendant’s summary judgment motion to dismiss the complaint, unanimously affirmed, without costs.

The documentary evidence established that the City did not receive prior written notice of the alleged defective condition as required by Administrative Code of the City of New York § 7-201 (b), and plaintiff’s conclusory allegations do not create a triable issue with respect to any of the exceptions to the writ[217]*217ten notice requirement (see, Elstein v City of New York, 209 AD2d 186). Plaintiffs remaining contentions are without merit. Concur—Sullivan, J. P., Ellerin, Rubin and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Walter Tolub, J.), entered October 17, 1995, which granted defendant’s summary judgment motion to dismiss the complaint, unanimously affirmed, without costs.

The documentary evidence established that the City did not receive prior written notice of the alleged defective condition as required by Administrative Code of the City of New York § 7-201 (b), and plaintiff’s conclusory allegations do not create a triable issue with respect to any of the exceptions to the writ[217]*217ten notice requirement (see, Elstein v City of New York, 209 AD2d 186). Plaintiffs remaining contentions are without merit. Concur—Sullivan, J. P., Ellerin, Rubin and Mazzarelli, JJ.

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Bluebook (online)

236 A.D.2d 216, 653 N.Y.S.2d 851, 1997 N.Y. App. Div. LEXIS 793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villaret-v-city-of-new-york-nyappdiv-1997.

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