PFAHLER SR. v. TOWN OF FRIENDSHIP


270 A.D.2d 886 (2000)

705 N.Y.S.2d 772

JOHN W. PFAHLER, SR., as Limited Administrator of the Estate of PAMELA M. PFAHLER, Deceased, Appellant, v. TOWN OF FRIENDSHIP et al., Respondents.

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

Decided March 29, 2000.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendants' motions for summary judgment dismissing the complaint. "Defendants established that neither municipality had prior written notice of a defective condition, and actual or constructive notice is not a substitute for compliance with the prior written notice requirement" (Cox v County of Allegany [appeal No. 2], 267 A.D.2d 1004

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