Stride v. City of Schenectady
Cases that cite this one
14 later published cases cite this decision.
- Chance v. County of Ulster (Appellate Division of the Supreme Court of New York 2016)
- Palo v. Town of Fallsburg (Appellate Division of the Supreme Court of New York 2012)
- Palo v. Town of Fallsburg (Appellate Division of the Supreme Court of New York 2012)
- Serba v. Town of Glenville (Appellate Division of the Supreme Court of New York 2024)
- Read v. Bell (Appellate Division of the Supreme Court of New York 2022)
- Vnuk v. City of Albany (Appellate Division of the Supreme Court of New York 2021)
- Hockett v. City of Ithaca (Appellate Division of the Supreme Court of New York 2017)
- Hockett v. City of Ithaca (Appellate Division of the Supreme Court of New York 2017)
- Greener v. Town of Hurley (Appellate Division of the Supreme Court of New York 2016)
- Fu v. County of Washington (Appellate Division of the Supreme Court of New York 2016)
- Fu v. County of Washington (Appellate Division of the Supreme Court of New York 2016)
- Guimond v. Village of Keeseville (Appellate Division of the Supreme Court of New York 2014)
- Guimond v. Village of Keeseville (Appellate Division of the Supreme Court of New York 2014)
- Hubbard v. County of Madison (Appellate Division of the Supreme Court of New York 2012)
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 (Kramer, J.), entered January 12, 2010 in Schenectady County, which granted a motion by defendant City of Schenectady for summary judgment dismissing the complaint against it.
Plaintiff Alice R. Stride (hereinafter plaintiff) and her husband, derivatively, commenced this action against defendant City of Schenectady, among others, seeking damages related to injuries plaintiff sustained when, in April 2004, she tripped and
No dispute exists that the Schenectady City Charter requires written notice as a prerequisite to liability associated with a defective or dangerous condition on its property (see Schenectady City Charter § C7-1; Poirier v City of Schenectady, 85 NY2d 310, 313 n 1 [1995]). A municipality that has enacted a prior written notice statute “cannot be held liable [for dangerous conditions on its thoroughfares] unless such written notice of the allegedly defective or dangerous condition was actually given” (Crespo v City of Kingston, 80 AD3d 1124, 1124 [2011], quoting Gagnon v City of Saratoga Springs, 51 AD3d 1096, 1097 [2008], lv denied 11 NY3d 706 [2008]). Constructive or other actual notice is insufficient where the municipality did not receive prior written notice (see Amabile v City of Buffalo, 93 NY2d 471, 475-476 [1999]).
In support of its motion for summary judgment, the City submitted an affidavit from the supervisor of the Bureau of Service, whose responsibilities include maintaining records and log books with respect to written notices received regarding defects, and who stated that the City had not received written notice of the broken meter post (see Gorman v Town of Huntington, 12 NY3d 275, 279-280 [2009]). The burden thus shifted to plaintiffs to establish an issue of fact as to prior written notice (see CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557, 562 [1980]; Babenzien v Town of Fenton, 67 AD3d 1236, 1238 [2009]), or to show that one of two exceptions exist: namely, that “the locality created the defect or hazard through an affirmative act of negligence [or] a ‘special use’ confers a special benefit upon the locality” (Babenzien v Town of Fenton, 67 AD3d at 1238, quoting Amabile v City of Buffalo, 93 NY2d at 474; see Oboler v City of New York, 8 NY3d 888, 889 [2007]).
Plaintiffs failed to meet their burden. They argue that an exception to the written notice requirement exists because the City created the hazardous condition,
Peters, J.P., Rose, Stein and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.
Plaintiffs have not argued that the “special use” exception applies.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.