RUPP v. CITY OF PORT JERVIS


10 A.D.3d 391 (2004)

780 N.Y.S.2d 766

CHRIS RUPP et al., Respondents v. CITY OF PORT JERVIS, Appellant, et al., Defendant.

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

Decided August 9, 2004.


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

The appellant contends that it cannot be held liable for the alleged sidewalk defect since it did not receive written notice of the defect prior to the occurrence as required by Port Jervis City Charter § C11-2. In support of its motion, the appellant submitted, inter alia, an unnotarized, undated statement from the City Clerk, stating that he "conducted a search of records maintained by...

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