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WEINFELD v. J. ROBERT ROTH ASSOCS., INC.

177 A.D.2d 977 (1991)

Naomi Weinfeld et al., Appellants, v. J. Robert Roth Associates, Inc., et al., Appellants, and Town of Amherst, Respondent. (Appeal No. 2.)

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

November 15, 1991

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of the defendant Town of Amherst for summary judgment. Pursuant to the Town Law, no action may be maintained unless prior written notice of the defect is given (Town Law § 65-a [2]; see, Bimstein v Levine, 129 A.D.2d 757, 758; Zigman v Town of Hempstead, 120 A.D.2d 520

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