Practice point: Where a municipality has enacted a prior written notice law, it may not
be subjected to liability for injuries arising from a dangerous roadway
condition unless it has received prior written notice of the dangerous
condition, or an exception to the prior written notice requirement
applies.
Student note: The only recognized exceptions to the statutory prior written
notice requirement involve situations in which the municipality created
the defect or hazard through an affirmative act of negligence, or where
a special use confers a benefit upon the municipality.
Case: Avellino v. City of New York, NY Slip Op 04567 (2d Dept. 2013).
Here is the decision.
Monday's issue: The scope of discovery demands.
