Strauss v. Incorporated Village of Ocean Beach

Appellate Division of the Supreme Court of New York

Strauss v. Incorporated Village of Ocean Beach

213 A.D.2d 626, 624 N.Y.S.2d 940, 1995 N.Y. App. Div. LEXIS 3255

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

DecidedMarch 27, 1995

StatusPublished

This text of 213 A.D.2d 626 (Strauss v. Incorporated Village of Ocean Beach) 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

Strauss v. Incorporated Village of Ocean Beach, 213 A.D.2d 626, 624 N.Y.S.2d 940, 1995 N.Y. App. Div. LEXIS 3255 (N.Y. Ct. App. 1995).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Newmark, J.), dated October 26, 1993, which granted the motion of the defendant Incorporated Village of Ocean Beach for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed, with costs.

It is undisputed that the defendant Village did not receive prior written notice of the alleged defective walkway condition, as required pursuant to Village Law § 6-628 (see, Monteleone v Incorporated Vil. of Floral Park, 74 NY2d 917). Since the plaintiffs failed to establish the existence of triable issues of fact with respect to their contention that the Village affirmatively created the alleged defect, the Supreme Court properly dismissed their complaint insofar as it is asserted [627]*627against the Village (see, Tyschak v Incorporated Vil. of West-bury, 193 AD2d 670; West v Village of Mamaroneck, 172 AD2d 827; see also, Rogers v Town of Ramapo, 211 AD2d 775). Bracken, J. P., Thompson, Hart and Goldstein, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Newmark, J.), dated October 26, 1993, which granted the motion of the defendant Incorporated Village of Ocean Beach for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is affirmed, with costs.

It is undisputed that the defendant Village did not receive prior written notice of the alleged defective walkway condition, as required pursuant to Village Law § 6-628 (see, Monteleone v Incorporated Vil. of Floral Park, 74 NY2d 917). Since the plaintiffs failed to establish the existence of triable issues of fact with respect to their contention that the Village affirmatively created the alleged defect, the Supreme Court properly dismissed their complaint insofar as it is asserted [627]*627against the Village (see, Tyschak v Incorporated Vil. of West-bury, 193 AD2d 670; West v Village of Mamaroneck, 172 AD2d 827; see also, Rogers v Town of Ramapo, 211 AD2d 775). Bracken, J. P., Thompson, Hart and Goldstein, JJ., concur.

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213 A.D.2d 626, 624 N.Y.S.2d 940, 1995 N.Y. App. Div. LEXIS 3255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strauss-v-incorporated-village-of-ocean-beach-nyappdiv-1995.

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