TYNER v. CITY OF BUFFALO


152 A.D.2d 978 (1989)

Nancy L. Tyner, Appellant, v. City of Buffalo, Respondent

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

July 12, 1989


Order unanimously reversed on the law with costs and complaint reinstated.

Memorandum:

Special Term erred in dismissing plaintiff's complaint upon the grounds that the City of Buffalo had not received prior written notice of the defect which allegedly caused plaintiff's accident and injuries (City of Buffalo Charter, art 20, § 362). Plaintiff's complaint alleges in substance that defendant was liable by reason of its failure to properly post or maintain...

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