SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 30, 1969
HENRY J. MUSZYNSKI, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF MARY H. MUSZYNSKI, AN INFANT, APPELLANT,
CITY OF BUFFALO, RESPONDENT
Appeal from judgment of Erie Trial Term dismissing complaint in negligence action, and from order denying reinstatement of verdict. 49 Misc. 2d 957.
Del Vecchio, J. P., Marsh, Gabrielli, Moule and Bastow, JJ.
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.)
Judgment and order unanimously reversed on the law and facts, with costs, verdict reinstated and judgment directed in favor of appellant.
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