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HAMPTON v. TOWN OF NORTH HEMPSTEAD

298 A.D.2d 556 (2002)

748 N.Y.S.2d 675

ELIZABETH HAMPTON, Appellant, v. TOWN OF NORTH HEMPSTEAD, Respondent.

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

Decided October 28, 2002.

Ordered that the order is affirmed, with costs.

A municipality which has enacted a prior written notice statute may not be subjected to liability for personal injuries resulting from an improperly-maintained sidewalk, unless it received actual written notice of the dangerous condition, its affirmative act of negligence proximately caused the accident, or a special use confers a special benefit to the municipality (see Amabile v City of Buffalo,

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