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BALSAN v. COUNTY OF SUFFOLK

19 A.D.3d 342 (2005)

796 N.Y.S.2d 413

SCOTT BALSAN, Respondent, v. COUNTY OF SUFFOLK, Appellant.

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

June 6, 2005.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contentions, the prior written notice requirement of Suffolk County Charter § C8-2A is inapplicable under the circumstances presented (see Martorano v McNair, 208 A.D.2d 909 [1994]). The driveway of the abandoned home where the plaintiff slipped and fell due to the accumulation of snow and ice was not the functional equivalent of any of the enumerated...

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