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SAN MARCO v. MOUNT KISCO

No. 223

16 N.Y.3d 111 (2010)

DALE R. SAN MARCO et al., Appellants, v. VILLAGE/TOWN OF MOUNT KISCO, Respondent.

Court of Appeals of New York.

Decided December 16, 2010.

Attorney(s) appearing for the Case

Michael Fuller Sirignano, Cross River, for appellants.

Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale (Kathleen D. Foley of counsel), for respondent.

Timothy J. Keane, New York City, Brendan T. Fitzpatrick, David B. Hamm and Fiedelman & McGaw, Jericho (Andrew Zajac and Dawn C. DeSimone of counsel), for Defense Association of New York, Inc., amicus curiae.

Judges CIPARICK, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents in a separate opinion in which Judges GRAFFEO and READ concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

This appeal presents the question of whether a prior written notice statute acts as an absolute bar to recovery against a municipality where a plaintiff slipped and fell on black ice that formed on the municipality's property. Since the ice hazard at issue may have been created by the municipality's negligent snow removal efforts, and, if so, the municipality may have known...

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