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QUIROZ v. INCORPORATED VILLAGE OF CEDARHURST

31 A.D.3d 624 (2006)

819 N.Y.S.2d 101

ARMANDO QUIROZ et al., Respondents, v. INCORPORATED VILLAGE OF CEDARHURST, Appellant.

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

July 18, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The Incorporated Village of Cedarhurst established its entitlement to judgment as a matter of law by submitting evidence that it never received prior written notice of the defect in the walkway that allegedly caused the plaintiff Armando Quiroz's fall (see Cendales v City of New York,

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