AMABILE v. CITY OF BUFFALO


251 A.D.2d 967 (1998)

673 N.Y.S.2d 345

Estelle Amabile et al., Respondents, v. City of Buffalo, Appellant

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

June 10, 1998


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying the motion of defendant, City of Buffalo (City), for summary judgment dismissing the complaint. Plaintiffs presented no proof that the City had prior written notice of the allegedly defective sidewalk where plaintiff Estelle Amabile fell, as required by section 362 of the City Charter (see generally, Poirier v City of Schenectady, 85 N.Y.2d 310, 313-314). Plaintiffs' contention that constructive notice may serve as a substitute for prior written notice lacks merit (see, Deans v City of Buffalo, 181 A.D.2d 1015).


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