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BIGIT v. INC. VILL. OF FREEPORT

253 A.D.2d 509 (1998)

676 N.Y.S.2d 871

Frank K. Bigit, Respondent, v. Incorporated Village of Freeport, Appellant

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

August 24, 1998

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Since the plaintiff did not challenge the defendant's allegation that it had not received prior written notice of the defective condition which allegedly caused the plaintiff's injury, the Supreme Court should have granted the defendant's motion and dismissed the complaint (see, CPLR 9804; Village Law...

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