(DOWNLOAD) "Smalls v. City of Syracuse" by Onondaga County New York Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Smalls v. City of Syracuse
- Author : Onondaga County New York Supreme Court
- Release Date : January 12, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The plaintiff moves to serve a late Notice of Claim pursuant to General Municipal Law §50-e(5). This action concerns a fall by the plaintiff, where she fractured her ankle on September 5, 2006, when tripping on a broken sidewalk in the 100 block of Oakwood Avenue in the City of Syracuse. The plaintiff served a Notice of Claim on the City on November 17, 2006. The plaintiff commenced this action on May 9, 2007 after the City failed to request a hearing within ninety days, as required by General Municipal Law §50-h. The plaintiff then sent the City a Notice to Admit dated July 6, 2007, seeking an admission regarding its ownership, maintenance, control and repair of the sidewalk. The City denied the same on July 27, 2006. Thereafter, plaintiffs counsel investigated the ownership issue and found three possible additional defendants; the Syracuse Housing Authority (SHA), which owns the adjoining land, theOnondaga County Industrial Development Agency (OCIDA) and the New York Susquehanna Railroad Corporation, one and/or both of which own and control the overhead railroad line and the alleged easement that runs near the sidewalk. The plaintiff seeks to serve the late Notice of Claim on the two municipal agencies, the SHA, a municipal housing authority governed by §157 of the Public Housing Law, which requires compliance with General Municipal Law §50-e, and the OCIDA, which is governed by General Municipal Law §880 and also requires a claim.