PERRINGTON v. CITY OF MOUNT VERNON


37 A.D.3d 571 (2007)

829 N.Y.S.2d 667

DELORES PERRINGTON, Respondent, v. CITY OF MOUNT VERNON, Appellant.

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

Decided February 13, 2007.


Ordered that the order is affirmed, with costs.

A municipality that has enacted a prior written notice law is excused from liability absent proof of prior written notice or an exception thereto (see Poirier v City of Schenectady, 85 N.Y.2d 310 [1995]). The Court of Appeals has recognized two exceptions to this rule, "namely, where the locality created the defect or hazard through an affirmative act of negligence" and "where...

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