Jensen v. City of Tonawanda

Full title: LORAINE JENSEN et al., Respondents, v. CITY OF TONAWANDA, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 15, 1994

206 A.D.2d 918 (N.Y. App. Div. 1994)

616 N.Y.S.2d 314

Opinion

July 15, 1994

Appeal from the Supreme Court, Erie County, Cosgrove, J.

Present — Balio, J.P., Lawton, Callahan, Doerr and Boehm, JJ.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of the City of Tonawanda (City) for summary judgment on those portions of the amended complaint that alleged liability on the ground of failure to maintain or repair the sidewalk. A written "Record of Complaint" prepared by a municipal employee and filed in the proper office may constitute prior written notice of a defect (see, Brooks v. City of Binghamton, 55 A.D.2d 482). A factual issue exists, however, whether the condition observed by the City's Superintendent of Public Works, who reported the condition to the employee who wrote the "Record of Complaint", is the same condition that allegedly caused plaintiff Loraine Jensen's accident and injury.