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FIORDALISI v. TOWN OF HUNTINGTON

275 A.D.2d 299 (2000)

712 N.Y.S.2d 403

MARION FIORDALISI et al., Appellants, v. TOWN OF HUNTINGTON, Respondent.

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

Decided August 7, 2000.

Ordered that the order is affirmed, with costs.

The defendant, Town of Huntington, established that it did not have prior written notice of the alleged defect that caused the injured plaintiff to fall (see, Town Law § 65-a; Code of Town of Huntington § 173-18). Moreover, the record is devoid of any evidence that the Town affirmatively created the alleged defect. Accordingly, the Supreme Court properly granted the Town's motion to dismiss the complaint...

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