Morrison v. Incorporated Village of Freeport

Appellate Division of the Supreme Court of New York

Morrison v. Incorporated Village of Freeport

283 A.D.2d 621, 725 N.Y.S.2d 866, 2001 N.Y. App. Div. LEXIS 5457

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 29, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 621 (Morrison v. Incorporated Village of Freeport) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morrison v. Incorporated Village of Freeport, 283 A.D.2d 621, 725 N.Y.S.2d 866, 2001 N.Y. App. Div. LEXIS 5457 (N.Y. Ct. App. 2001).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated February 10, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Pursuant to Village Law § 6-628, prior written notice is a condition precedent to maintaining an action against the Village arising from a sidewalk defect (see, Morzello v Village of Briarcliff Manor, 260 AD2d 611, 612). It is undisputed that the defendant Village did not receive written notice of the alleged defects which caused the plaintiff to fall. Prior written notice requirements are inapplicable only where the locality created the defect or hazard through an affirmative act of negligence, or where a special use confers a special benefit upon the locality (see, Amabile v City of Buffalo, 93 NY2d 471, 474). In opposition to the defendant’s prima facie showing of entitlement to summary judgment, the plaintiff failed to raise an issue of fact with respect to the exceptions to the prior written notice requirement. Accordingly, summary judgment was properly granted to the defendant. O’Brien, J. P., Altman, Luciano and Adams, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Carter, J.), dated February 10, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Pursuant to Village Law § 6-628, prior written notice is a condition precedent to maintaining an action against the Village arising from a sidewalk defect (see, Morzello v Village of Briarcliff Manor, 260 AD2d 611, 612). It is undisputed that the defendant Village did not receive written notice of the alleged defects which caused the plaintiff to fall. Prior written notice requirements are inapplicable only where the locality created the defect or hazard through an affirmative act of negligence, or where a special use confers a special benefit upon the locality (see, Amabile v City of Buffalo, 93 NY2d 471, 474). In opposition to the defendant’s prima facie showing of entitlement to summary judgment, the plaintiff failed to raise an issue of fact with respect to the exceptions to the prior written notice requirement. Accordingly, summary judgment was properly granted to the defendant. O’Brien, J. P., Altman, Luciano and Adams, JJ., concur.

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Bluebook (online)

283 A.D.2d 621, 725 N.Y.S.2d 866, 2001 N.Y. App. Div. LEXIS 5457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-v-incorporated-village-of-freeport-nyappdiv-2001.

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