MUSZYNSKI v. CITY OF BUFFALO


33 A.D.2d 648 (1969)

Henry J. Muszynski, Individually and as Guardian ad Litem of Mary H. Muszynski, an Infant, Appellant, v. City of Buffalo, Respondent

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

October 30, 1969


Judgment and order unanimously reversed on the law and facts, with costs, verdict reinstated and judgment directed in favor of appellant.

Memorandum:

There was evidence that the city placed a barrel of rock salt on the sidewalk, refilled it from time to time and that rock salt which spilled from the barrel caused the sidewalk to deteriorate, creating a dangerous condition. Prior written notice of a defective condition is not required where the defendant city...

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