SHERWIN WILLIAMS CO. v. CITY OF PORT JERVIS


48 A.D.2d 711 (1975)

Sherwin Williams Company, Respondent, v. City of Port Jervis, Appellant, et al., Defendant

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

May 27, 1975


Order reversed, on the law, with $20 costs and disbursements, and motion granted insofar as it seeks summary judgment in favor of the city.

The liability of the city is sought to be predicated upon its failure to enforce certain provisions of the City Code of the City of Port Jervis. Absent situations involving knowledge and forseeability of a dangerous condition, not present here, it has been consistently held that there can be no municipal liability for the failure...

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