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OVISINAK v. TOWN OF SOUTHOLD

277 A.D.2d 295 (2000)

715 N.Y.S.2d 884

DOROTHY OVISINAK et al., Appellants, v. TOWN OF SOUTHOLD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 13, 2000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly awarded summary judgment to the defendant. Pursuant to Town Law § 65-a (2), prior written notice is a condition precedent to maintaining an action against the defendant arising from a sidewalk defect (see, Amabile v City of Buffalo, 93 N.Y.2d 471; Sloan v Village of Hempstead, 223 A.D.2d 632; Strauss...

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