New York Court of Appeals

Carol A. Hughes v. Robert Jahoda, and Town of Huntington

March 22, 199075 N.Y.2d 881

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the town’s prior‑written‑notice statute does not bar a negligence action where the town had actual knowledge of the utility‑pole placement, and therefore denied the town’s summary‑judgment motion while granting the plaintiffs’ motion to dismiss certain affirmative defenses and remanding for further proceedings.