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DANIS v. INCORPORATED VILLAGE OF ATLANTIC BEACH

2010-03180.

74 A.D.3d 1273 (2010)

903 N.Y.S.2d 251

SUSAN DANIS, Respondent, v. INCORPORATED VILLAGE OF ATLANTIC BEACH, Appellant.

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

Decided June 29, 2010.

Ordered that the order is affirmed, with costs.

"A municipality that has adopted a prior written notice law cannot be held liable for injuries sustained as a result of an alleged defect on its property, absent the requisite notice, unless an exception to the notice requirement applies" (Lopez v Town of Hempstead, 50 A.D.3d 645, 646 [2008]; see Delgado v County of Suffolk...

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