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BROWN v. COUNTY OF SUFFOLK

2010-07628.

89 A.D.3d 661 (2011)

931 N.Y.S.2d 685

2011 NY Slip Op 7793

JACQUELINE T. BROWN et al., Appellants, v. COUNTY OF SUFFOLK et al., Respondents.

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

Decided November 1, 2011.

Ordered that the order is affirmed, with costs.

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the County Clerk did not receive prior written notice of the alleged hazardous highway condition as required by Suffolk County Charter § C8-2A. Although both the Department of Public Works and the County Executive received prior written notice, such notice was insufficient because neither one of those departments...

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