Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's motion for summary judgment is granted, and the complaint is dismissed.
Town Law § 65-a (2) provides that no civil action may be maintained against any town for injuries to person sustained by reason of any defect in the sidewalk unless written notice was actually given to the town clerk. Here, the Town established through affidavits that no prior written notice...
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