MASSEY v. CITY OF COHOES


35 A.D.3d 996 (2006)

826 N.Y.S.2d 779

ELLEN MASSEY et al., Respondents, v. CITY OF COHOES, Appellant.

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

Decided December 14, 2006.


Lahtinen, J.

Plaintiff Ellen Massey (hereinafter plaintiff) and her husband, derivatively, commenced this action against defendant seeking compensation for personal injuries allegedly sustained when plaintiff tripped and fell on an uneven slab of sidewalk in front of Cohoes City Hall. Defendant moved for summary judgment dismissing the complaint upon the ground that it had not received adequate prior written notice of the alleged defect. Supreme Court denied the motion...

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