TRACY v. CITY OF BUFFALO

162 CA 17-00823.

158 A.D.3d 1094 (2018)

68 N.Y.S.3d 618

2018 NY Slip Op 00704

KAREN A. TRACY, Respondent, v. CITY OF BUFFALO, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 2, 2018.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Plaintiff commenced this action to recover damages that she allegedly sustained in a motor vehicle accident caused by potholes. We agree with defendant that Supreme Court erred in denying its motion for summary judgment dismissing the complaint. Defendant established that it lacked prior written notice...

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