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, and that the standard for such notice is the same as in common-law negligence cases. Because the defendant established it lacked actual or constructive notice of the specific icy condition, the motion for summary judgment dismissing the complaint was properly granted.

The court’s words

Notice is clearly material to recovery under the statute

2026 NY Slip Op 04624, at the official text

the legislature 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

we decline to impose liability without fault upon those legally responsible for premises conditions when police officers are present

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