(DOWNLOAD) "Leona L. Martin v. City Cohoes" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Leona L. Martin v. City Cohoes
- Author : Court of Appeals of New York
- Release Date : January 11, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
[37 N.Y.2d 162 Page 164] Plaintiff commenced this personal injury action to recover damages allegedly sustained as a result of a fall when her shoe became wedged in a crevice between the curbstone and adjoining public sidewalk. In answer to the complaint, the defendant City of Cohoes pleaded that plaintiff failed to comply with a local ordinance (Cohoes City Charter, § 192; L 1915, ch 130, as amd) which required that the Common Council or the Commissioner of Public Works have prior actual notice of the defective condition. At a pretrial conference, defendant's attorney supplied the court with a copy of the afore-mentioned local law in further particularization of its pleaded statement that it was applicable. Motions to dismiss, predicated upon defendant's contention that plaintiff had failed to comply with the notice law as so represented to the court, were denied, and the case proceeded to trial.