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HENRY J. MUSZYNSKI, Indi v. dually and as Guardian ad Litem of MARY H. MUSZYNSKI, an Infant, Appellant,

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.)

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MUSZYNSKI v. CITY OF BUFFALO
(Oct 30, 1969)