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Anderson v. Town of Smithtown

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2002
292 A.D.2d 406 (N.Y. App. Div. 2002)

Summary

In Anderson, the Appellate Division, Second Department, affirmed the determination of Justice Molia of this court which, noting the Amabile decision, dismissed plaintiff's claim for lack of compliance with a prior written notification requirement notwithstanding "verbal notice to and subsequent inspection by the Town of the subject sidewalk together with the Town's designation of said sidewalk as `hazardous"' (see Justice Molia's decision and order dated September 20, 2001).

Summary of this case from Berner v. Town of Huntington

Opinion

01-08571

February 5, 2002

March 11, 2002.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County, dated September 20, 2001 (Molia, J.), which denied their motion for summary judgment dismissing the defendant's affirmative defense of lack of prior written notice and granted the defendant's cross motion for summary judgment dismissing the complaint.

Sawyer, Davis, Halpern Demetri, Garden City, N.Y. (James Sawyer of counsel), for appellants.

Patrick F. Adams, P.C., Bay Shore, N.Y. (Vito A. Cardo III and Charles Adams of counsel), for respondent.

MYRIAM J. ALTMAN, J.P., THOMAS A. ADAMS, SANDRA L. TOWNES, and STEPHEN G. CRANE, JJ.


ORDERED that the order is affirmed, with costs.

A condition precedent to maintaining an action against the Town of Smithtown arising from a sidewalk defect is that written notice be filed with the Town Clerk at least 15 days before the accident (see, Smithtown Code §§ 245-13, 245-14). No such written notice was given here. Accordingly, the Supreme Court properly denied the plaintiffs' motion for summary judgment dismissing the defendant's affirmative defense of lack of prior written notice and granted the defendant's cross motion for summary judgment dismissing the complaint.


Summaries of

Anderson v. Town of Smithtown

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2002
292 A.D.2d 406 (N.Y. App. Div. 2002)

In Anderson, the Appellate Division, Second Department, affirmed the determination of Justice Molia of this court which, noting the Amabile decision, dismissed plaintiff's claim for lack of compliance with a prior written notification requirement notwithstanding "verbal notice to and subsequent inspection by the Town of the subject sidewalk together with the Town's designation of said sidewalk as `hazardous"' (see Justice Molia's decision and order dated September 20, 2001).

Summary of this case from Berner v. Town of Huntington

In Anderson, the Appellate Division, Second Department, affirmed the determination of Justice Molia of this court which, noting the Amabile decision, dismissed plaintiff's claim for lack of compliance with a prior written notification requirement notwithstanding "verbal notice to and subsequent inspection by the Town of the subject sidewalk together with the Town's designation of said sidewalk as `hazardous'" (see Justice Molia's decision and order, dated Sept. 20, 2001).

Summary of this case from Berner v. Town of Huntington
Case details for

Anderson v. Town of Smithtown

Case Details

Full title:ROBERT ANDERSON, et al., APPELLANTS, v. TOWN OF SMITHTOWN, RESPONDENT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 11, 2002

Citations

292 A.D.2d 406 (N.Y. App. Div. 2002)
738 N.Y.S.2d 860

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