LEUTZE v. CITY OF SCHENECTADY


134 A.D.2d 666 (1988)

Edna Leutze, Respondent, v. City of Schenectady, Appellant

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

November 5, 1988


Casey, J.

The decisive issue on this appeal is whether at trial plaintiff demonstrated sufficient compliance with section 1.7 of defendant's City Charter, requiring prior written notice of the sidewalk defect that caused her injuries as a condition precedent to the maintenance of her civil cause of action for damages.

Plaintiff, a 77-year-old woman, sustained a fractured hip with subsequent complications of pneumonia and pulmonary embolism on...

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