DEACON v. CITY OF BUFFALO


29 A.D.2d 620 (1967)

Francis J. Deacon, Respondent-Appellant, v. City of Buffalo et al., Appellants, and Raymond A. Chapman et al., Respondents

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

December 7, 1967


Judgment and order reversed on the law, the facts, and in the interests of justice, and new trial granted, without costs.

Memorandum:

Section 362 of the Buffalo City Charter prohibits the bringing of an action against the city for personal injuries sustained "in consequence of the existence or accumulation of snow or ice upon any street" unless prior written notice is given to the city of the alleged condition and there has been a failure or neglect within...

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