3 No. 132 SSM 14
Harry Kushner et al.,
Appellants, v. City of Albany,
Respondent.
2006 NY Int. 76
June 6, 2006
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Martin J. Rothschild, for appellants. Submitted by Eugene Daniel Napierski, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed,
with costs.
The Appellate Division properly determined that
plaintiffs failed to raise a triable issue of fact sufficient to
withstand a motion for a directed verdict on the question of
whether plaintiff's alleged injuries resulted from an affirmative
act of negligence that would preclude defendant City of Albany
from relying on its prior written notice law ( see Amabile v City
of Buffalo, , 93 NY2d 471, 473-474 [1999]).