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ZIMMERMAN v. CITY OF NIAGARA FALLS

112 A.D.2d 17 (1985)

Larry Zimmerman et al., Appellants, v. City of Niagara Falls, Respondent, et al., Defendants

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

June 4, 1985

Order and judgment unanimously affirmed, with costs.

Memorandum:

Defendant's motion, treated as a motion for summary judgment pursuant to CPLR 3211(c), was properly granted. Plaintiffs failed to submit competent proof to contradict the city's assertion that it had not received the statutorily required prior written notice of the alleged defect (see, Waring v City of Saratoga Springs, 92 A.D.2d 1080). Plaintiffs...

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