DiPAOLO v. VILL. OF TUCKAHOE


253 A.D.2d 841 (1998)

678 N.Y.S.2d 368

Irma DiPaolo et al., Appellants, v. Village of Tuckahoe, Respondent

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

September 28, 1998


Ordered that the order is affirmed, with costs.

The plaintiff Irma DiPaolo was allegedly injured when she slipped and fell on a patch of snow and/or ice in a municipal parking lot owned and maintained by the defendant, Village of Tuckahoe. It is well established that where, as here, there has been no prior written notice of a claimed defect (see, Village Law § 6-628), a village may not be held liable for the mere passive failure to remove all snow and...

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