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POIRIER v. SCHENECTADY

85 N.Y.2d 310 (1995)

648 N.E.2d 1318

624 N.Y.S.2d 555

Lorraine Poirier et al., Appellants, v. City of Schenectady, Respondent.

Court of Appeals of the State of New York.

Decided March 23, 1995.

Attorney(s) appearing for the Case

Grasso, Rodriguez, Putorti, Grasso & Zyra, Schenectady (Lawrence J. Zyra of counsel), for appellants.

Michael R. Cuevas, Corporation Counsel of City of Schenectady (L. John Van Norden of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The Schenectady City Charter contains a provision that bars civil actions against the City for damages or injuries resulting from defective, dangerous, unsafe, obstructed or out of repair streets, sidewalks, crosswalks or similar public thoroughfares unless the injured party can demonstrate that the Schenectady Commissioner of Public Works had prior written notice of the offending condition and failed...

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