MARTORANO v. McNAIR


208 A.D.2d 909 (1994)

618 N.Y.S.2d 568

Joseph Martorano, as Administrator of Rosemary M. Martorano, Deceased, et al., Respondents, v. Robert C. McNair et al., Defendants, and County of Suffolk, Appellant

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

October 31, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the County's contentions, the prior written notice requirement of Suffolk County Charter § C8-2 (A) is inapplicable under the circumstances presented. It has been consistently held that the prior written notice laws should be strictly construed and refer to physical conditions in the streets or sidewalk, such as cracks and holes, which do not immediately come to the attention...

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