FEINER v. INC. VILL. OF FARMINGDALE


168 A.D.2d 418 (1990)

Claire Feiner et al., Appellants, v. Incorporated Village of Farmingdale, Respondent

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

December 3, 1990


Ordered that the order is affirmed, with costs.

In this action brought against the Incorporated Village of Farmingdale (hereinafter the Village), the plaintiffs claim that they are exempt from the prior-written-notice-of-defect prerequisite to commencement of an action (see, Village Law § 6-628) since the Village committed acts of affirmative negligence.

While it is true that no prior notice of defect is necessary in the face of affirmative acts...

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