Summary
In Muszynski, the defendant city was responsible for the placement of a barrel of rock salt on a sidewalk and for refilling it periodically, the spillage from which caused deterioration of the sidewalk.
Summary of this case from Kotler v. City of Long BeachOpinion
October 30, 1969
Appeal from the Erie Trial Term.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Bastow, JJ. [ 49 Misc.2d 957.]
Judgment and order unanimously reversed on the law and facts, with costs, verdict reinstated and judgment directed in favor of appellant. Memorandum: There was evidence that the city placed a barrel of rock salt on the sidewalk, refilled it from time to time and that rock salt which spilled from the barrel caused the sidewalk to deteriorate, creating a dangerous condition. Prior written notice of a defective condition is not required where the defendant city causes or creates the condition. ( Filsno v. City of Rochester, 10 A.D.2d 663; Appelbaum v. City of Long Beach, 8 A.D.2d 818.)