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GANZENMULLER v. INCORPORATED VILLAGE OF PORT JEFFERSON

18 A.D.3d 703 (2005)

795 N.Y.S.2d 744

SARA ANN GANZENMULLER, Respondent, v. INCORPORATED VILLAGE OF PORT JEFFERSON, Appellant, et al., Defendant.

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

May 23, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the defendant Incorporated Village of Port Jefferson, and the action against the remaining defendant is severed.

Where, as here, a municipality has enacted a prior written notice statute, it may not be subjected to liability for personal injuries caused by an improperly-maintained sidewalk...

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