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AMABILE v. CITY OF BUFFALO

93 N.Y.2d 471 (1999)

715 N.E.2d 104

693 N.Y.S.2d 77

ESTELLE AMABILE et al., Appellants, v. CITY OF BUFFALO, Respondent.

Court of Appeals of the State of New York.

Decided June 8, 1999.

Attorney(s) appearing for the Case

Miserendino, Celniker, Seegert & Estoff, P. C., Buffalo (Michael R. Drumm of counsel), for appellants.

Michael B. Risman, Corporation Counsel of City of Buffalo (Susan P. Wheatley of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

SMITH, J.

The issue here is whether constructive notice of a sidewalk defect can satisfy a statutory requirement of written notice to a municipality. We conclude that it cannot and therefore affirm the order of the Appellate Division.

On November 23, 1991, plaintiff Estelle Amabile exited a building at 805 Elk Street, located at the corner of Melvin Place in the City of Buffalo. As she stepped onto the sidewalk and began walking...

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