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CAPPIELLO v. JOHNSON

21 A.D.3d 921 (2005)

800 N.Y.S.2d 766

MARIANNINA CAPPIELLO et al., Respondents, v. XUAN THI JOHNSON et al., Respondents, and TOWN OF ORANGETOWN, Appellant.

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

September 12, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiffs.

Contrary to the appellant's contention, while Town Law § 65-a requires prior written notice of any icy conditions on a highway in order for the municipality to be held liable for injuries caused by those conditions, there is no need to plead or prove prior written notice where it is alleged that a municipality created the hazardous...

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