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HOWARD v. VILL. OF WALTON

14 A.D.2d 630 (1961)

Edward Howard et al., Respondents, v. Village of Walton, Appellant

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

August 1, 1961

Giving the pleading its most favorable construction from plaintiffs' viewpoint, it alleges only passive negligence against the defendant municipality and fails, as required, to allege that prior written notice of the defective sidewalk condition complained of was given to the village clerk. (Village Law, § 341-a; Skelley v. Village of Port Chester, 6 A.D.2d 717.) Special Term was in error in holding that section 341-a of the...

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