BODDIE v. CITY OF NEW ROCHELLE


233 A.D.2d 284 (1996)

649 N.Y.S.2d 800

Daniel W. Boddie, Appellant, v. City of New Rochelle, Respondent, et al., Defendant

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

November 4, 1996


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff has failed to raise any triable issues of fact (see, CPLR 3212 [b]) as to whether the municipal defendant was given prior written notice of the alleged hazardous condition, as required by the City Charter of the City of New Rochelle § 127 (A), or whether an exception to that requirement existed...

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