Tischler v. Neuman, 99 A.D.3d 741 (N.Y. App. Div. 2012). · Go Syfert
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Tischler v. Neuman, 99 A.D.3d 741 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 1 distinct court.
Strongest positive: Oser v. City of New York (nyappdiv, 2015-11-18)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Oser v. City of New York
N.Y. App. Div. · 2015 · confidence medium
In addition, “[a] municipality that has adopted a ‘prior written notice law’ cannot be held liable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies” (Abano v Suffolk County Community Coll., 66 AD3d 719, 719 [2009]; see Donadio v City of New York, 126 AD3d 851, 852 [2015]; *729 Albano v Suffolk County, 99 AD3d 741, 742 [2012]).
discussed Cited as authority (rule) Fryc-Cannella v. Town of North Hempstead
N.Y. App. Div. · 2015 · confidence medium
Where, as here, a municipality has adopted a prior written notice law, it cannot be held liable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies (see Amabile v City of Buffalo, 93 NY2d 471, 474 [1999]; Moncrieffe v City of White Plains, 115 AD3d 915, 916 [2014]; Keating v Town of Oyster Bay, 111 AD3d 604, 605 [2013]; Masotto v Village of Lindenhurst, 100 AD3d 718, 718-719 [2012]; Albano v Suffolk County, 99 AD3d 741, 741-742 [2012]).
discussed Cited as authority (rule) Phillips v. City of New York
N.Y. App. Div. · 2013 · confidence medium
In opposition, the plaintiff failed to raise a triable issue of fact as to whether the defendant received prior written notice, or whether either of the recognized exceptions to the prior written notice requirement applied (see Albano v Suffolk County, 99 AD3d 741, 742 [2012]; Hanover Ins.
discussed Cited as authority (rule) Phillips v. City of New York
N.Y. App. Div. · 2013 · confidence medium
In opposition, the plaintiff failed to raise a triable issue of fact as to whether the defendant received prior written notice, or whether either of the recognized exceptions to the prior written notice requirement applied (see Albano v Suffolk County, 99 AD3d 741, 742 [2012]; Hanover Ins.
discussed Cited as authority (rule) Eisenhauer v. County of Nassau
N.Y. App. Div. · 2013 · confidence medium
The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they did not have prior written notice of the alleged dangerous condition, and that the alleged condition was located in an area subject to the prior written notice provisions of Nassau County Administrative Code § 12-4.0 (e) (see Albano v Suffolk County, 99 AD3d 741, 742 [2012]; Bryan v City of Peekskill, 74 AD3d 1115, 1115 [2010]; DeLuca v County of Nassau, 207 AD2d 428 [1994]).
discussed Cited as authority (rule) Eisenhauer v. County of Nassau
N.Y. App. Div. · 2013 · confidence medium
The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they did not have prior written notice of the alleged dangerous condition, and that the alleged condition was located in an area subject to the prior written notice provisions of Nassau County Administrative Code § 12-4.0 (e) (see Albano v Suffolk County, 99 AD3d 741, 742 [2012]; Bryan v City of Peekskill, 74 AD3d 1115, 1115 [2010]; DeLuca v County of Nassau, 207 AD2d 428 [1994]).
discussed Cited "see" Dutka v. Odierno
N.Y. App. Div. · 2016 · signal: see · confidence high
“A municipality that has adopted a ‘prior written notice law’ cannot be held liable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies”(Abano v Suffolk County Community Coll., 66 AD3d 719, 719 [2009]; see Albano v Suffolk County, 99 AD3d 741 [2012]; Miller v Village of E.
discussed Cited "see" Donadio v. City of New York (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2015 · signal: see · confidence high
“A municipality that has adopted a ‘prior written notice law’ cannot be held liable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies” (Abano v Suffolk County Community Coll., 66 AD3d 719, 719 [2009]; see Albano v Suffolk County, 99 AD3d 741 [2012]; Miller v Village of E.
discussed Cited "see, e.g." Morelli v. Starbucks Corp.
N.Y. App. Div. · 2013 · signal: see also · confidence medium
The City’s contentions regarding its prior written notice statute are not properly before this Court (see Kuzmin v Visiting Nurse Serv. of N.Y., 56 AD3d 438 , 439 [2008]; Matter of lorio v Hyler, 49 AD3d 738, 739 [2008]; see also Albano v Suffolk County, 99 AD3d 741, 742 [2012]).
discussed Cited "see, e.g." Morelli v. Starbucks Corp.
N.Y. App. Div. · 2013 · signal: see also · confidence medium
The City’s contentions regarding its prior written notice statute are not properly before this Court (see Kuzmin v Visiting Nurse Serv. of N.Y., 56 AD3d 438 , 439 [2008]; Matter of lorio v Hyler, 49 AD3d 738, 739 [2008]; see also Albano v Suffolk County, 99 AD3d 741, 742 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Abraham Tischler
v.
Cirel Neuman
Appellate Division of the Supreme Court of the State of New York.
Oct 5, 2012.
99 A.D.3d 741
Published

Angiolillo, J.P., Dickerson, Austin and Sgroi, JJ., concur.