Order unanimously reversed, on the law and facts, without costs, defendant's motion denied, and verdict reinstated.
Memorandum:
The court erred in setting aside the verdict of no cause for action in favor of defendant. Plaintiff failed to plead or prove compliance with the written notice provision contained in the city charter (Niagara Falls City Charter, § 323-b), a condition precedent to bringing an action to recover for injuries incurred because of...
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