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STRAUSS v. INC. VILL. OF OCEAN BEACH

213 A.D.2d 626 (1995)

624 N.Y.S.2d 940

Robert Strauss et al., Appellants, v. Incorporated Village of Ocean Beach, Respondent, et al., Defendants

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

March 27, 1995

Ordered that the order is affirmed, with costs.

It is undisputed that the defendant Village did not receive prior written notice of the alleged defective walkway condition, as required pursuant to Village Law § 6-628 (see, Monteleone v Incorporated Vil. of Floral Park, 74 N.Y.2d 917). Since the plaintiffs failed to establish the existence of triable issues of fact with respect to their contention that the Village...

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