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HOLT v. COUNTY OF TIOGA

56 N.Y.2d 414 (1982)

Leona Holt, Respondent, v. County of Tioga, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1982.

Attorney(s) appearing for the Case

Peter J. Walsh and Nathaniel F. Knappen for appellant.

Peter H. Bouman and James P. O'Brien for respondent.

Judges GABRIELLI, WACHTLER and MEYER concur with Judge JASEN; Chief Judge COOKE dissents and votes to affirm in a separate opinion in which Judges JONES and FUCHSBERG concur.

JASEN, J.

The issue raised by this appeal is whether a local law which makes prior written notification of a dangerous condition or defect a condition precedent to maintaining a suit against the county conflicts with the general State law which imposes liability on the county for injuries caused by unsafe or improperly maintained highways so that it must be declared unconstitutional.

Plaintiff Leona Holt...

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