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COX v. COUNTY OF ALLEGANY

267 A.D.2d 1004 (1999)

701 N.Y.S.2d 207

HERBERT COX et al., Appellants, v. COUNTY OF ALLEGANY et al., Respondents. (Appeal No. 2.)

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

Decided December 30, 1999.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted those parts of the motion of defendant County of Allegany and cross motion of defendant Town of Friendship seeking summary judgment dismissing the complaint insofar as it alleged negligent removal of snow and ice from County Road 20. Defendants established that neither municipality had prior written notice of a defective condition, and actual or constructive notice is not...

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