Whelan v Buffalo Mun. Hous. Auth.

Holding The court held that a defendant is entitled to notice of a dangerous condition before liability may attach under General Municipal Law § 205-e, rejecting the argument that a lesser notice standard applies to police officers. The court affirmed the dismissal of the complaint because the defendant established it lacked actual or constructive notice of the specific icy condition that caused the plaintiff’s injury.

The court’s words

Notice is clearly material to recovery under the statute

2026 NY Slip Op 04624, at the official text

the legislature, in enacting section 205-e, did not intend to give police officers greater rights and remedies than those available to the general public

2026 NY Slip Op 04624, at the official text

a mere general awareness that snow or ice may be present is legally insufficient to constitute notice of the particular condition that cause[s] a plaintiff to fall

2026 NY Slip Op 04624, at the official text

the development of an icy condition 90 minutes before an accident is not enough to establish that defendant had constructive notice of the condition

2026 NY Slip Op 04624, at the official text