[Download] "Elizabeth A. Hart v. City Glens Falls" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Elizabeth A. Hart v. City Glens Falls
- Author : Supreme Court of New York
- Release Date : January 23, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
[8 A.D.2d 654 Page 654] Appeal from a judgment and order of the Supreme Court, Warren County, which dismissed the complaint as to the defendant
City of Glens Falls. The plaintiff instituted this action based on negligence for personal injuries which she sustained when
she fell on an allegedly defective sidewalk in front of a building owned by the defendants D'Emilios on Warren St. in the
City of Glens Falls. The defendant City of Glens Falls moved pursuant to rule 106 of the Rules of Civil Practice to dismiss
the complaint as to it on the ground that it appeared from the face thereof that it failed to state facts sufficient to constitute
a cause of action. The court below granted this motion, holding that there was no allegation in the complaint that the defendant-respondent
had received notice pursuant to its city charter of the condition which caused the plaintiff's injuries. The question presented
on this appeal is whether the complaint alleged a compliance with section 132-A of the city charter which requires as a condition
precedent to the bringing of a suit against the city for injuries sustained on a defective sidewalk that prior written notice
of the condition has been actually given to the Mayor, Acting Mayor or Clerk. Since the motion below was one to dismiss the
complaint for insufficiency on its face only the allegations of the complaint may be considered. The complaint alleged that
prior written notice had been given and stated, "That the notice referred to the entire premises known as the St. James Apartment
Building which was designated in said notice as 101 Warren St." In the appellant's notice of claim it was stated that the
accident occurred at 97-99 Warren St. The complaint alleged further that the D'Emilios owned "a single business and apartment
block, known as St. James Apartment Building and [8 A.D.2d 654 Page 655]