LIABILITY - NEW YORK

Fryc-Cannella v. Town of North Hempstead

Supreme Court, Appellate Division, Second Department, New York - April 29, 2015 - N.Y.S.3d - 127 A.D.3d 1135 - 2015 N.Y. Slip Op. 03498

Pedestrian filed a personal injury action against town after she tripped and fell on an elevated sidewalk in front of her home. The Supreme Court, Nassau County, granted town summary judgment. Pedestrian appealed.

The Supreme Court, Appellate Division, held that town’s liability for pedestrian’s injuries from tripping and falling on elevated sidewalk in front of her home in town parking lot was precluded under municipal law barring municipal liability for injuries caused by defect or dangerous condition without prior written notice to municipality of alleged defect or dangerous condition, where town did not receive prior written notice of the condition that allegedly caused pedestrian’s injuries.



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