Practice point: 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.
Student note: There are recognized exceptions to the prior written notice requirement where the municipality created the defect or hazard through an
affirmative act of negligence, or where a special use confers a special
benefit upon it.
Case: Keating v. Town of Oyster Bay, NY Slip Op 07157 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: The storm in progress rule.
