BELLIVEAU v. TOWN OF BROOKHAVEN


171 A.D.2d 636 (1991)

Yvonne Belliveau, an Infant, by Her Mother and Natural Guardian, Catherine Belliveau, et al., Respondents, v. Town of Brookhaven, Appellant

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

March 4, 1991


Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.

Since the record discloses, and the plaintiffs concede, that they did not provide prior written notice of the alleged street defect to the defendant as required by Brookhaven Town Code § 84-1 (A), the defendant's motion for summary judgment should be granted. In arguing the absence of written notice before the Supreme...

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