From Casetext: Smarter Legal Research

Swartzman v. County of Chautauqua

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 970 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Supreme Court, Chautauqua County, Ricotta, J.

Present — Callahan, J.P., Doerr, Green, Balio and Davis, JJ.


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; Local Laws, 1985, No. 3 of County of Chautauqua; Banta v County of Erie, 134 A.D.2d 839, 840; Powell v Gates-Chili Cent. School Dist., 50 A.D.2d 1079, 1080).


Summaries of

Swartzman v. County of Chautauqua

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 970 (N.Y. App. Div. 1989)
Case details for

Swartzman v. County of Chautauqua

Case Details

Full title:DONALD E. SWARTZMAN et al., Individually and as Parents and Natural…

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

Date published: Jul 12, 1989

Citations

152 A.D.2d 970 (N.Y. App. Div. 1989)

Citing Cases

Gilmore v. City of Rochester

The proper remedy is to strike the offending clause (see, Twitchell v MacKay, 78 A.D.2d 125, 129). Second, in…

Delcamp v. Village of Brocton

Village Law § 6-628 prohibits a civil action against a village for damages "sustained in consequence of" a…