MICHELA v. COUNTY OF NASSAU


176 A.D.2d 707 (1991)

Doris Michela et al., Appellants, v. County of Nassau, Defendant, and Village of Lynbrook, Respondent

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

October 7, 1991


Ordered that the order is affirmed, with costs.

The plaintiff Doris Michela was allegedly injured when she tripped over a raised slab of sidewalk which was caused by the overgrowth of the roots of an adjacent tree. The Village of Lynbrook moved for summary judgment on the ground that it had received no prior written notice of defect, as required by Village Law § 6-628.

Michela does not allege that she complied with the prior written notice statute contained...

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