Prior written notice.

Practice point: A municipality with a prior written notice statute is not liabile for injuries caused by an improperly maintained roadway, absent the notice, unless (1) the municipality created the defect through an affirmative act of negligence, or (2) the municipality derived a special benefit from a special use of the roadway.

Case: Bogorova v. Village of Atlantic Beach, NY Slip Op 04637 (2d Dept. 2008)

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