BENNETT v. CITY OF BUFFALO PARKS AND RECREATION

853 CA 20-00271.

192 A.D.3d 1684 (2021)

141 N.Y.S.3d 395

2021 NY Slip Op 01920

Audrey Bennett, Respondent, v. City of Buffalo Parks and Recreation, Appellant.

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

Decided March 26, 2021.


Attorney(s) appearing for the Case

TIMOTHY A. BALL , CORPORATION COUNSEL, BUFFALO ( DAVID M. LEE OF COUNSEL), FOR DEFENDANT-APPELLANT.

LAW OFFICES OF ROBERT D. BERKUN, BUFFALO ( PHILIP A. MILCH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Curran, Troutman and DeJoseph, JJ.


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

Memorandum: On February 13, 2018, plaintiff allegedly slipped and fell on snow-covered ice on a sidewalk in front of property owned by defendant. Plaintiff concedes that no timely notice of claim was served. Plaintiff served an untimely notice of claim, followed by a summons and complaint...

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