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DRZEWIECKI v. CITY OF BUFFALO

51 A.D.2d 870 (1976)

Alfred Drzewiecki et al., Appellants, v. City of Buffalo, Respondent

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

February 20, 1976

Order unanimously affirmed, without costs.

Memorandum:

Plaintiffs recovered a verdict for property damage to their building resulting from vibrations caused when passing trucks and buses struck a depression in the street. The trial court set aside the verdict and dismissed the complaint because plaintiffs failed to prove that the city clerk had received prior written notice of the defect as required by section 362...

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