RODRIGUEZ v. CITY OF MOUNT VERNON


51 A.D.3d 900 (2008)

858 N.Y.S.2d 751

IZABEL RODRIGUEZ, Respondent, v. CITY OF MOUNT VERNON, Appellant, et al., Defendants.

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

Decided May 20, 2008.


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 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, 313 [1995]; Smith v Town...

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