Griesbeck v. Cnty. of Suffolk, 44 A.D.3d 618 (N.Y. App. Div. 2007). · Go Syfert
Griesbeck v. Cnty. of Suffolk, 44 A.D.3d 618 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Williams v. City of New York (nyappdiv, 2015-12-09)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Williams v. City of New York
N.Y. App. Div. · 2015 · confidence medium
“Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries caused by an improperly maintained [sidewalk] unless either it has received prior written notice of the defect or an exception to the prior written notice requirement applies” (Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]).
discussed Cited as authority (rule) Burwell v. City of New York
N.Y. App. Div. · 2012 · confidence medium
Subject to two exceptions which we need not address in connection with this appeal, where a municipality has enacted a prior written notice statute such as Administrative Code of the City of New York § 7-201 (c) (2), it may not be subjected to liability for injuries arising from a defective roadway unless it has received timely prior written notice of the defective condition (see De La Reguera v City of Mount Vernon, 74 AD3d 1127 [2010]; Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]; Lopez v G&J Rudolph Inc., 20 AD3d 511, 512 [2005]).
discussed Cited as authority (rule) Burwell v. City of New York
N.Y. App. Div. · 2012 · confidence medium
Subject to two exceptions which we need not address in connection with this appeal, where a municipality has enacted a prior written notice statute such as Administrative Code of the City of New York § 7-201 (c) (2), it may not be subjected to liability for injuries arising from a defective roadway unless it has received timely prior written notice of the defective condition (see De La Reguera v City of Mount Vernon, 74 AD3d 1127 [2010]; Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]; Lopez v G&J Rudolph Inc., 20 AD3d 511, 512 [2005]).
discussed Cited as authority (rule) Levy v. City of New York
N.Y. App. Div. · 2012 · confidence medium
Where a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries arising from a defective roadway unless either it has received prior written notice of the defective condition or an exception to the prior written notice requirement applies (see De La Reguera v City of Mount Vernon, 74 AD3d 1127 [2010]; Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]; Lopez v G&J Rudolph Inc., 20 AD3d 511, 512 [2005]).
discussed Cited as authority (rule) De La Reguera v. City of Mount Vernon
N.Y. App. Div. · 2010 · confidence medium
“Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries caused by an improperly maintained roadway unless either it has received prior written notice of the defect or an exception to the prior written notice requirement applies” (Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]).
discussed Cited as authority (rule) Schleif v. City of New York
N.Y. App. Div. · 2009 · confidence medium
“Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries caused by an improperly maintained [parking lot] unless either it has received prior written notice of the defect or an exception to the prior written notice requirement applies (Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]).
discussed Cited as authority (rule) Diaz v. City of New York
N.Y. App. Div. · 2008 · confidence medium
“Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries caused by an improperly maintained roadway unless either it has received prior written notice of the defect or an exception to the prior written notice requirement applies” (Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]).
discussed Cited as authority (rule) Rosado v. Jose Bou
N.Y. App. Div. · 2008 · confidence medium
The Supreme Court properly determined that the Town established, prima facie, that it had not received prior written notice of an allegedly dangerous condition as required by section 84-1 of the Town Code, and neither Joe Del’s Auto Body nor Patanjo raised a triable issue of fact in opposition (see Smith v Town of Brookhaven, 45 AD3d 567, 567-568 [2007]; Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]).
discussed Cited as authority (rule) Desposito v. City of New York
N.Y. App. Div. · 2008 · confidence medium
“Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries caused by an improperly maintained roadway unless either it has received prior written notice of the defect or an exception to the prior written notice requirement applies” (Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]; see Marshall v City of New York, 52 AD3d 586 [2008]; see also Administrative Code of City of NY § 7-201 [c] [2]).
discussed Cited as authority (rule) Marshall v. City of New York
N.Y. App. Div. · 2008 · confidence medium
“Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries caused by an improperly maintained roadway unless either it has received prior written notice of the defect or an exception to the prior written notice requirement applies” (Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]).
discussed Cited as authority (rule) Bogorova v. Inc. Village of Atlantic Beach
N.Y. App. Div. · 2008 · confidence medium
“Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries caused by an improperly maintained roadway unless either it has received prior written notice of the defect or an exception to the prior written notice requirement applies” (Griesbeck v County of Suffolk, 44 AD3d 618, 619 [2007]).
Retrieving the full opinion text from the archive…
Robert A. Griesbeck
v.
County of Suffolk
Appellate Division of the Supreme Court of the State of New York.
Oct 2, 2007.
44 A.D.3d 618
Cited by 12 opinions  |  Published

[*619] In an action, inter alia, to recover damages for wrongful death, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), entered January 25, 2006, as granted the motion of the defendant County of Suffolk for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that the defendant County of Suffolk was entitled to summary judgment dismissing the complaint insofar as asserted against it. Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for injuries caused by an improperly maintained roadway unless either it has received prior written notice of the defect or an exception to the prior written notice requirement applies (see Cendales v City of New York, 25 AD3d 579 [2006]; Field v Stubelek, 238 AD2d 467 [1997]; Misek-Falkoff v Village of Pleasantville, 207 AD2d 332 [1994]). Here, the County established its prima facie entitlement to summary judgment by submitting evidence that it had no prior written notice of the roadway defect which allegedly caused the automobile collision at issue. In opposition, the plaintiffs failed to raise a triable issue of fact regarding whether the County had received prior written notice or whether an exception to the prior written notice requirement applied (see Amabile v City of Buffalo, 93 NY2d 471 [1999]; Passaro v City of Newburgh, 272 AD2d 385 [2000]; Tyschak v Incorporated Vil. of Westbury, 193 AD2d 670 [1993]).

The plaintiffs’ constructive notice contentions as to Highway Law § 139 (2) were not raised before the Supreme Court, and thus have not been considered on appeal. Schmidt, J.P., Santucci, Florio and Dillon, JJ., concur.