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SILBURN v. CITY OF POUGHKEEPSIE

28 A.D.3d 468 (2006)

813 N.Y.S.2d 193

HENRY SILBURN, Respondent, v. CITY OF POUGHKEEPSIE, Appellant.

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

April 4, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Pursuant to Poughkeepsie City Charter § 15.03, a plaintiff must plead and prove that the City of Poughkeepsie had prior written notice of a defect in a street before the City can be held liable for its alleged negligence in failing to maintain its streets in a reasonably safe condition (see Adams v....

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