Guadagno v. City of Niagara Falls
Cases that cite this one
18 later published cases cite this decision.
- CAPRETTO, SUSAN v. CITY OF NIAGARA FALLS (Appellate Division of the Supreme Court of New York 2015)
- Capretto v. City of Buffalo (Appellate Division of the Supreme Court of New York 2015)
- Capretto v. City of Buffalo (Appellate Division of the Supreme Court of New York 2015)
- Beagle v. City of Buffalo (Appellate Division of the Supreme Court of New York 2019)
- Locke v. GELLHAUS (S.D. 2010)
- SHATZEL, RUTH A. v. VILLAGE OF HAMBURG (Appellate Division of the Supreme Court of New York 2015)
- Shatzel v. 152 Buffalo Street, Ltd. (Appellate Division of the Supreme Court of New York 2015)
- Shatzel v. 152 Buffalo Street, Ltd. (Appellate Division of the Supreme Court of New York 2015)
- SCHROECK, PATRICIA J. v. GIES, DARRYL C. (Appellate Division of the Supreme Court of New York 2013)
- PANZICA, RUTH ANN v. FANTAUZZI, MICHAEL R. (Appellate Division of the Supreme Court of New York 2013)
- Panzica v. Fantauzzi (Appellate Division of the Supreme Court of New York 2013)
- Panzica v. Fantauzzi (Appellate Division of the Supreme Court of New York 2013)
- DAVISON, ERIN C. v. CITY OF BUFFALO (Appellate Division of the Supreme Court of New York 2012)
- Davison v. City of Buffalo (Appellate Division of the Supreme Court of New York 2012)
- Davison v. City of Buffalo (Appellate Division of the Supreme Court of New York 2012)
- Petty v. Dumont (Appellate Division of the Supreme Court of New York 2010)
- Lastowski v. V.S. Virkler & Son, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Marino v. Parish of Trinity Church (Appellate Division of the Supreme Court of New York 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered January 5, 2006 in a personal injury action. The order, among other things, granted the motion of defendant Marcia Massaro and the cross motion of defendant City of Niagara Falls for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Plaintiffs commenced this action seeking damages for injuries allegedly sustained by plaintiff Terri Marie
With respect to the City’s cross motion, the City met its initial burden by establishing as a matter of law that it did not receive prior written notice of the defective condition as required by section 5.14 of the Niagara Falls City Charter, which provides in relevant part that no civil action shall be maintained against the City based on, inter alia, an alleged defective condition of a sidewalk unless prior written notice of that condition was given to the Director of Operations and Technical Services. The City further established that the two exceptions to the prior written notice requirement do not apply, i.e., the City did not create the alleged defective condition and there is no special use of the sidewalk that confers a benefit on the City (see Oswald v City of Niagara Falls, 13 AD3d 1155, 1156-1157 [2004]; see generally Amabile v City of Buffalo, 93 NY2d 471, 475-476 [1999]). Although plaintiffs presented evidence establishing that a City employee may have had actual knowledge of the defective condition, it is well settled that actual or constructive notice does not override the prior written notice requirement (see Amabile, 93
Case-law data current through September 30, 2026. Source: CourtListener bulk data.