FERREIRA v. COUNTY OF ORANGE


34 A.D.3d 724 (2006)

825 N.Y.S.2d 122

DAVID FERREIRA et al., Appellants, v. COUNTY OF ORANGE, Respondent.

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

Decided November 28, 2006.


Ordered that the order is affirmed, with costs.

Local Law No. 3 (1978) of Orange County requires that prior written notice of any allegedly defective condition existing on its roadways be given to the Commissioner of Public Works before an action may be maintained against the County of Orange to recover damages for personal injuries caused by the defective condition. The only two exceptions to this rule are where the municipality affirmatively created the defect,...

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