BARNES v. CITY OF MOUNT VERNON


245 A.D.2d 407 (1997)

666 N.Y.S.2d 206

Marilyn Barnes, Respondent, v. City of Mount Vernon, Appellant

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

December 15, 1997


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was allegedly injured after falling on a defective drainage grating located in a municipal parking lot. The defendant moved for summary judgment on the ground that it had not received prior written notice of the defective grating as required by Mount Vernon City Charter § 265. The Supreme Court denied the motion, stating that the prior...

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