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D'IMPERIO v. VILL. OF SIDNEY

14 A.D.2d 647 (1961)

Catherine D'Imperio et al., Respondents, v. Village of Sidney et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 1, 1961

Concededly, the village did not have written notice of the condition alleged and could be held liable only for affirmative negligence. Such was not shown by plaintiff husband's testimony that at the time of the accident the curb was an inch or two higher than the sidewalk nor by that of the village engineer that there were "spots" lower than the curb and that the walk "is sunk at varying distances up to an inch and three-quarters...

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