MITCHELL v. TOWN OF FOWLER


231 A.D.2d 170 (1997)

660 N.Y.S.2d 182

Charles Mitchell, Respondent, v. Town of Fowler, Appellant

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

July 10, 1997


Attorney(s) appearing for the Case

Conboy, McKay, Bachman & Kendall, L. L. P., Watertown (Edward A. Gibson of counsel), for appellant.

Cappiello, Hofmann & Katz, New York City (Edward M. Katz of counsel), and Preston C. Carlisle, P. C., Ogdensburg, for respondent.

CASEY, PETERS, SPAIN and CARPINELLO, JJ., concur.


MERCURE, J. P.

This appeal tests the breadth of the exception to the prior written notice requirement that excuses a failure to establish the statutorily mandated notice in a case where the claimed defect is readily apparent and the municipal defendant had, shortly prior to the accident, either inspected the subject area for the purpose of discovering such defects or performed work thereon (see, Krach...

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