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MORRISON v. INCORPORATED VILLAGE OF FREEPORT

283 A.D.2d 621 (2001)

725 N.Y.S.2d 866

GENEVA MORRISON, Appellant, v. INCORPORATED VILLAGE OF FREEPORT, Respondent.

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

Decided May 29, 2001.

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 A.D.2d 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...

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