Order unanimously reversed, without costs, motion granted and complaint dismissed, without prejudice.
Memorandum.
Contrary to the implications in the decision at Special Term, the complaint does not allege that the town was actively negligent in creating the hazard in its sanding and plowing operations. As to those aspects of the complaint pertaining to ice and snow, it is deficient because there is no allegation of compliance with the written notice requirement...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.