GILMORE v. CITY OF ROCHESTER


163 Misc.2d 660 (1995)

622 N.Y.S.2d 189

Carol Gilmore et al., Plaintiffs, v. City of Rochester, Defendant.

Supreme Court, Monroe County.

January 6, 1995


Attorney(s) appearing for the Case

Linda F. Kingsley, Corporation Counsel of Rochester (Michael J. Looby of counsel), for defendant. Elliott, Stern, Calabrese & Higgins, Rochester (David S. Stern of counsel), for plaintiffs.


ANDREW V. SIRACUSE, J.

This case presents a significant question in the area of governmental tort liability: when written notice is given to an office which holds itself out as competent to investigate and resolve maintenance problems, may the municipality rely on a statute that requires notice to be given to another official? Under these circumstances, this court holds, the purpose of the prior notice statute...

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