A municipality that has adopted a prior written notice law is not iable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies. 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.
The municipality's actual or constructive notice of the allegedly defective condition does not satisfy the prior written notice requirement.
Case: Dutka v. Odierno, NY Slip Op 08196 (2d Dep't December 7, 2016)
Here is the decision.
Tomorrow's issue: A cause of action for defamation.
