HANOVER INSURANCE COMPANY v. TOWN OF PAWLING

2010-07015.

94 A.D.3d 1055 (2012)

943 N.Y.S.2d 152

2012 NY Slip Op 3142

HANOVER INSURANCE COMPANY, as Subrogee of Sherwood Modular Concepts, Respondent, v. TOWN OF PAWLING, Appellant.

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

Decided April 24, 2012.


ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's cross motion for summary judgment dismissing the complaint is granted.

"A municipality that has adopted a `prior written notice law' cannot be held liable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies" (Forbes v City of New York, 85 A.D.3d 1106

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