Boggi v. City of White Plains, 97 A.D.3d 773 (N.Y. App. Div. 2012). · Go Syfert
Boggi v. City of White Plains, 97 A.D.3d 773 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Godino v. Kipel Associates, Inc. (nyappdiv, 2013-05-08)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Godino v. Kipel Associates, Inc.
N.Y. App. Div. · 2013 · confidence medium
The County of Nassau established its prima facie entitlement to judgment as a matter of law by submitting proof that it did not have prior written notice of the allegedly dangerous condition of a certain sidewalk over one of its drainage vaults (see Boggi v City of White Plains, 97 AD3d 773, 773-774 [2012]; Pennamen v Town of Babylon, 86 AD3d 599, 599 [2011]).
discussed Cited as authority (rule) Godino v. Kipel Associates, Inc.
N.Y. App. Div. · 2013 · confidence medium
The County of Nassau established its prima facie entitlement to judgment as a matter of law by submitting proof that it did not have prior written notice of the allegedly dangerous condition of a certain sidewalk over one of its drainage vaults (see Boggi v City of White Plains, 97 AD3d 773, 773-774 [2012]; Pennamen v Town of Babylon, 86 AD3d 599, 599 [2011]).
Retrieving the full opinion text from the archive…
Marilyn Boggi
v.
City of White Plains
Appellate Division of the Supreme Court of the State of New York.
Jul 25, 2012.
97 A.D.3d 773
Cited by 6 opinions  |  Published

The defendant made a prima facie showing of its entitlement to judgment as a matter of law by demonstrating that it lacked prior written notice of the allegedly defective condition that caused the subject accident (see Groninger v Village of Mamaroneck, 17 NY3d 125, 129 [2011]; see also McCarthy v City of White Plains, 54 AD3d 828, 829 [2008]; Granderson v City of White Plains, 29 AD3d 739 [2006]). In opposition, the plaintiffs failed to raise a triable issue of fact as to whether there was such prior written notice (see McCarthy v City of White Plains, 54 AD3d at 829). Furthermore, although the plaintiffs attempted[*774] to raise a triable issue of fact as to whether the defendant created the condition through an affirmative act of negligence (see Amabile v City of Buffalo, 93 NY2d 471, 474 [1999]), they failed to do so (see Hyland v City of New York, 32 AD3d 822, 823-824 [2006]; see also Schleif v City of New York, 60 AD3d 926, 927-928 [2009]; Diaz v City of New York, 56 AD3d 599, 600-601 [2008]). Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. Skelos, J.P., Dickerson, Leventhal and Roman, JJ., concur.