Jason v. Town of North Hempstead, 61 A.D.3d 936 (N.Y. App. Div. 2009). · Go Syfert
Jason v. Town of North Hempstead, 61 A.D.3d 936 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Smith v. City of Mount Vernon (nyappdiv, 2012-12-12)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Smith v. City of Mount Vernon
N.Y. App. Div. · 2012 · confidence medium
She did not provide any evidence tending to show that the City performed any work in the area which immediately resulted in the creation of the subject crack in the sidewalk flag (see Yarborough v City of New York, 10 NY3d 726, 728 [2008]; Oboler v City of New York, 8 NY3d 888, 889 [2007]; Wiley v Incorporated Vil. of Garden City, 91 AD3d at 766 ; Brown v County of Suffolk, 89 AD3d 661, 661 [2011]; Richards v Incorporated Vil. of Rockville Ctr., 80 AD3d at 595; Jason v Town of N. Hempstead, 61 AD3d 936, 937 [2009]).
discussed Cited as authority (rule) Smith v. City of Mount Vernon
N.Y. App. Div. · 2012 · confidence medium
She did not provide any evidence tending to show that the City performed any work in the area which immediately resulted in the creation of the subject crack in the sidewalk flag (see Yarborough v City of New York, 10 NY3d 726, 728 [2008]; Oboler v City of New York, 8 NY3d 888, 889 [2007]; Wiley v Incorporated Vil. of Garden City, 91 AD3d at 766 ; Brown v County of Suffolk, 89 AD3d 661, 661 [2011]; Richards v Incorporated Vil. of Rockville Ctr., 80 AD3d at 595; Jason v Town of N. Hempstead, 61 AD3d 936, 937 [2009]).
discussed Cited as authority (rule) Loughlin v. Town of North Hempstead
N.Y. App. Div. · 2011 · confidence medium
The Town established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not have prior written notice of the allegedly dangerous condition of the sidewalk (see Code of the Town of North Hempstead § 26-1; Camenson v Town of N. Hempstead, 298 AD2d 543, 543 [2002]; see also Regan v Town of N. Hempstead, 66 AD3d 863, 864 [2009]; Jason v Town of N. Hempstead, 61 AD3d 936, 936 [2009]).
discussed Cited as authority (rule) Politis v. Town of Islip
N.Y. App. Div. · 2011 · confidence medium
Similarly, the plaintiff failed to raise a triable issue of fact as to whether either one of the two exceptions to the prior written notice requirement — an affirmative act of negligence by the Town in creating or exacerbating a dangerous condition or a special use by the Town — applied to this action (see Amabile v City of Buffalo, 93 NY2d 471, 474 [1999]; Jason v Town of N. Hempstead, 61 AD3d 936, 936-937 [2009]; Cimino v City of White Plains, 65 AD3d 1069 [2009]; McCarthy v City of White Plains, 54 AD3d at 830 ).
discussed Cited as authority (rule) Cimino v. City of White Plains
N.Y. App. Div. · 2009 · confidence medium
In opposition, the plaintiff failed to raise a triable issue of fact as to whether the City received prior written notice, or as to the applicability of either of the “two recognized exceptions to the prior written notice requirement” (Jason v Town of N. Hempstead, 61 AD3d 936, 936-937 [2009] [internal quotation marks omitted]; see Yarborough v City of New York, 10 NY3d 726, 728 [2008]; Oboler v City of New York, 8 NY3d 888, 889 [2007]; Amabile v City of Buffalo, 93 NY2d 471, 474 [1999]; San Marco v Village/Town of Mount Kisco, 57 AD3d 874, 876-877 [2008]).
Retrieving the full opinion text from the archive…
Janis Jason
v.
Town of North Hempstead
Appellate Division of the Supreme Court of the State of New York.
Apr 28, 2009.
61 A.D.3d 936
Cited by 9 opinions  |  Published

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, J.), entered November 26, 2007, as granted that branch of the motion of the defendant Town of North Hempstead which was for summary judgment dismissing the complaint insofar as asserted against it.

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

The plaintiff Janis Jason (hereinafter the injured plaintiff) allegedly was injured when, as she stepped off of a sidewalk and onto a street maintained by the defendant Town of North Hempstead, she slipped and fell on a sloped concrete “gutter slab” on the street. Subsequently, alleging, among other things, that the gutter slab constituted a dangerous condition, the injured plaintiff and her husband, suing derivatively, commenced the instant personal injury action against, among others, the Town.

On its motion, inter alia, for summary judgment dismissing the complaint insofar as asserted against it, the Town made a prima facie showing of entitlement to judgment as a matter of law by providing evidence demonstrating that it lacked prior written notice of the allegedly dangerous condition, as required by North Hempstead Code § 26-1 (see Smith v Village of Rockville Ctr., 57 AD3d 649, 650 [2008]). In opposition, the plaintiffs failed to raise a triable issue of fact as to whether the Town received prior written notice, or as to the applicability of either of the “two recognized exceptions to the prior written no[*937] tice requirement” (McCarthy v City of White Plains, 54 AD3d 828, 830 [2008]; see Amabile v City of Buffalo, 93 NY2d 471, 474 [1999]). Although the plaintiffs attempted to raise an issue of fact as to the applicability of the “affirmative negligence exception,” they failed to provide any evidence tending to show that the allegedly dangerous condition was created through an affirmative act of negligence of the Town, and that such act immediately resulted in that condition’s existence (see Yarborough v City of New York, 10 NY3d 726, 728 [2008]; Oboler v City of New York, 8 NY3d 888, 889 [2007]; San Marco v Village/Town of Mount Kisco, 57 AD3d 874, 876-877 [2008]). Furthermore, although the plaintiffs attempted to raise an issue of fact as to the applicability of the “special use exception,” they failed to demonstrate that the gutter slab conferred a special benefit upon the Town (see Loiaconi v Village of Tarrytown, 36 AD3d 864, 865 [2007]; Lopez v G&J Rudolph Inc., 20 AD3d 511, 513 [2005]; Braunstein v County of Nassau, 294 AD2d 323 [2002]; Barnes v City of Mount Vernon, 245 AD2d 407, 408 [1997]; Vise v County of Suffolk, 207 AD2d 341, 342 [1994]). Accordingly, the Supreme Court properly granted that branch of the Town’s motion which was for summary judgment dismissing the complaint insofar as asserted against the Town. Mastro, J.P., Dillon, Covello and Dickerson, JJ., concur.