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HART v. INC. VILL. OF VALLEY STREAM

193 A.D.2d 781 (1993)

598 N.Y.S.2d 994

Mildred Hart et al., Respondents, v. Incorporated Village of Valley Stream, Appellant

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

May 24, 1993

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment. It cannot be said that the evidence submitted in support of the motion was sufficient to establish that no prior written notice of the alleged defective condition was given to the defendant Village prior to the plaintiff's accident (see, Mollahan v Village of Port Washington N., 153 A.D.2d 881

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