You are here: / / CITY DID NOT HAVE NOTICE OF THE PROTRUDING SIGN ANCHOR IN THE SIDEWALK...
,

CITY DID NOT HAVE NOTICE OF THE PROTRUDING SIGN ANCHOR IN THE SIDEWALK AND PLAINTIFF WAS UNABLE TO SHOW THE CONDITION WAS THE IMMEDIATE EFFECT OF ACTION TAKEN BY THE CITY, PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT IN THIS SLIP AND FALL CASE SHOULD NOT HAVE BEEN GRANTED (THIRD DEPT).

The Third Department, reversing Supreme Court, determined defendant-city’s motion for summary judgment in this sidewalk slip and fall case should have been granted. Plaintiff alleged a sign which had been installed in the sidewalk was missing and she tripped over the protruding sign anchor. The city demonstrated it did not have written notice of the condition. And plaintiff was unable to show the condition was the immediate effect of action taken by the city:

… [P]laintiff claimed that defendant affirmatively created the defect by improperly installing the sign in 2006 and failing to routinely monitor its condition thereafter. “However, the affirmative negligence exception to prior written notice statutes applies only where the action of the municipality immediately results in the existence of a dangerous condition” … . Plaintiff failed to present any proof establishing that defendant engaged in an activity that immediately resulted in the detachment of the sign and sign pole from its anchor … . Harvish v City of Saratoga Springs, 2019 NY Slip Op 03428, Third Dept 5-2-19

 

You might also like
Slander Per Se Complaint Not Based Upon “Serious Crime” (Trespass) ​
A GRADUATE OF AN ANTIGUA MEDICAL SCHOOL WHO HAD PASSED THE US MEDICAL LICENSING EXAMINATION WAS NOT ENTITLED TO LICENSURE AS A PHYSICIAN’S ASSISTANT IN NEW YORK (THIRD DEPT).
THE TRIAL JUDGE DID NOT PROCEED TO STEP THREE OF THE BATSON ANALYSIS OF THE PEOPLE’S PEREMPTORY CHALLENGE TO A JUROR; MATTER REMITTED FOR THAT PURPOSE (THIRD DEPT).
ALTHOUGH THE INSURER COULD DISCLAIM COVERAGE FOR ANY INJURIES CAUSED BY THE INSURED ASSAILANT’S INTENTIONAL CRIMINAL ACTS UNDER THE DOCTRINE OF COLLATERAL ESTOPPEL, THE INSURER COULD NOT DISCLAIM COVERAGE FOR ANY SUBSEQUENT INJURIES THAT MAY HAVE BEEN CAUSED BY THE ASSAILANT’S NEGLIGENCE (THIRD DEPT).
Grant of Writ of Prohibition Reversed—Criteria for Writ Explained
PLAINTIFFS’ DECEDENT COMMITTED SUICIDE SHORTLY AFTER DEFENDANT PSYCHIATRISTS SAW HER, PLAINTIFFS’ EXPERT RAISED QUESTIONS OF FACT ABOUT WHETHER DEFENDANTS DEVIATED FROM THE MINIMUM STANDARD OF CARE.
Alternating Custody on a Yearly Basis, Requiring the Child to Attend Two Schools, Was Not In the Child’s Best Interests
DEPARTMENT OF ENVIRONMENTAL CONSERVATION’S (DEC’S) DETERMINATIONS ON THE USE OF SNOWMOBILES IN NEWLY ADDED PORTIONS OF THE ADIRONDACK PARK UPHELD, TWO CHALLENGES NOT RIPE FOR REVIEW (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFF’S SON WAS INJURED WHEN A UTILITY VEHICLE DRIVEN ON PRIVATE PROPERTY... QUESTIONS OF FACT WHETHER THE EMPLOYEE WAS DRIVING THE EMPLOYER’S TRUCK...