FUHRMANN v. CITY OF BINGHAMTON


31 A.D.3d 1036 (2006)

818 N.Y.S.2d 670

LOUIS P. FUHRMANN, Appellant, v. CITY OF BINGHAMTON, Respondent, et al., Defendants.

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

July 20, 2006.


Cardona, P.J.

Plaintiff injured his shoulder after falling on a sidewalk in the City of Binghamton, Broome County. As a result, plaintiff commenced this action against the City and others, alleging, as is relevant here, that the City negligently failed to maintain the sidewalk in a safe condition. Following joinder of issue, the City moved for summary judgment dismissing the complaint on the ground that it did not receive prior written notice of the alleged defect...

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