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DRAKE v. CITY OF BUFFALO

95 Misc.2d 29 (1978)

William Drake, Plaintiff, v. City of Buffalo, Defendant.

City Court of Buffalo.

June 19, 1978

Attorney(s) appearing for the Case

Barth, Sullivan & Lancaster (Edward J. Taublieb of counsel), for plaintiff. Joseph P. McNamara, Corporation Counsel (Jack Penca of counsel), for defendant.

CARMELO A. PARLATO, J.

In this action, plaintiff seeks recovery for alleged damage to his automobile caused by a defective water box cover striking his automobile when he drove same over said water box cover on a street in the defendant city. The defendant has moved for summary judgment (CPLR 3212) on the ground that there was no compliance with the provisions of section 362 of the Charter of the City of Buffalo...

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