SHAW v. CITY OF AUBURN


91 A.D.2d 817 (1982)

Helen Shaw et al., Respondents, v. City of Auburn, Appellant

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

December 17, 1982


Judgment unanimously reversed, on the law and facts, without costs, and complaint dismissed.

Memorandum:

Plaintiffs have recovered a verdict for damages sustained as a result of an accident occurring when plaintiff Helen Shaw tripped on a depressed manhole located in an Auburn city street and fractured a bone in her foot. There was no evidence that the defect was caused by the municipality and thus, compliance with the prior written notice provision of section...

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