Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint is dismissed.
Town Law § 65-a (1) provides that no civil action may be maintained against any town for injuries to persons sustained as a consequence of the existence of snow or ice upon a highway owned by the town unless prior written notice thereof, specifying the place, was actually given to the town clerk or town superintendent of highways...
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