Practice point: A municipality that has enacted a prior written notice law is not subject to liability for injuries caused by a defect
which comes within the ambit of the law unless it has received written
notice of the alleged defect or dangerous condition, or there is an applicable exception to
the written notice requirement. There are 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 the municipality.
Case: Dibble v. Village of Sleepy Hollow, NY Slip Op 08503 (2d Dep't December 6, 2017)
Here is the decision.
