On September 25, 2017 a
Exhibit,Appendix
was filed
involving a dispute between
Bertha Holden,
and
City Of Buffalo,
City Of Buffalo Department Of Public Works, Parks And Streets,
Royal Broadway Food, Inc.,
Sanaa Mini Mart, Inc.,
for Torts - Other Negligence (Premises Liability)
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 01/12/2022 05:17 PM INDEX NO. 813518/2017
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/12/2022
§21-2 Conditions Precedent to Action.
No action or proceeding to recover or enforce any unliquidated account or claim against
the city shall be brought until such claim shall have been filed with the city clerk or, in the
case of a claim founded upon tort, shall not be brought until notice of claim is served as
required by the provisions of section 50-e of the general municipal law.
No civil action shall be maintained against the city for damage or injuries to person or
property sustained in consequence of any street, part or portion of any street including
the curb thereof and any encumbrances thereon or attachments thereto, tree, bridge,
viaduct, underpass, culvert, parkway or park approach, sidewalk or crosswalk, pedestrian
walk or path, or traffic-control sign or signal, being defective, out of repair, unsafe,
dangerous or obstructed, or in consequence of the existence or accumulation of snow or
ice upon any street, bridge, viaduct, underpass, culvert, parkway or park approach,
sidewalk or crosswalk, pedestrian walk or path, unless previous to the occurrence
resulting in such damage or injuries written notice of such alleged condition relating to the
particular place and location was actually given to the city clerk and there was a failure or
neglect within a reasonable time thereafter to remedy or correct the alleged condition
complained of.
Document Filed Date
January 12, 2022
Case Filing Date
September 25, 2017
Category
Torts - Other Negligence (Premises Liability)
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Preview
FILED: ERIE COUNTY CLERK 01/12/2022 05:17 PM INDEX NO. 813518/2017 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 01/12/2022 §21-2 Conditions Precedent to Action. No action or proceeding to recover or enforce any unliquidated account or claim against the city shall be brought until such claim shall have been filed with the city clerk or, in the case of a claim founded upon tort, shall not be brought until notice of claim is served as required by the provisions of section 50-e of the general municipal law. No civil action shall be maintained against the city for damage or injuries to person or property sustained in consequence of any street, part or portion of any street including the curb thereof and any encumbrances thereon or attachments thereto, tree, bridge, viaduct, underpass, culvert, parkway or park approach, sidewalk or crosswalk, pedestrian walk or path, or traffic-control sign or signal, being defective, out of repair, unsafe, dangerous or obstructed, or in consequence of the existence or accumulation of snow or ice upon any street, bridge, viaduct, underpass, culvert, parkway or park approach, sidewalk or crosswalk, pedestrian walk or path, unless previous to the occurrence resulting in such damage or injuries written notice of such alleged condition relating to the particular place and location was actually given to the city clerk and there was a failure or neglect within a reasonable time thereafter to remedy or correct the alleged condition complained of.