In Leary, the City was granted summary judgment because the City had prior written notice of a defective sidewalk condition that was 28 to 30 feet away from the defective condition that allegedly caused plaintiff's injury did not constitute prior written notice of the alleged defective condition.Summary of this case from Steinberg v. City of N.Y.
Decided March 27, 1986
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Joseph G. Fritsch, J.
Wayne M. Harris and Steven E. Malone for appellant.
Louis N. Kash, Corporation Counsel (Gary J. O'Donnell of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 115 A.D.2d 260).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.