Ordered that the order is reversed, on the law, with costs, and the motion of the defendant City of Mount Vernon for summary judgment dismissing the complaint insofar as asserted against it is granted.
A municipality that has enacted a prior written notice law cannot be held liable for a defect within the meaning of the law absent proof of prior written notice or an exception thereto (see Poirier v City of Schenectady,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.