SCAFIDI v. TOWN OF ISLIP


34 A.D.3d 669 (2006)

824 N.Y.S.2d 410

CHRISTINE SCAFIDI et al., Respondents, v. TOWN OF ISLIP, Appellant.

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

Decided November 21, 2006.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

"The affidavit of an official charged with the responsibility of keeping an indexed record of all notices of defective conditions received by [a town] is sufficient to establish that no prior written notice was filed" (Cruz v City of New York, 218 A.D.2d 546, 547 [1995]; see Campisi v Bronx...

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