Generally, where a municipality has enacted a prior written notice statute, it is not liabie for injuries caused by an improperly maintained street or sidewalk unless it has received written notice of the defect. However, the courts have recognized an exception to the prior written notice requirement in circumstances where the municipality affirmatively created the defect through an act of negligence. This exception is limited to work performed by the municipality that immediately resulted in the existence of a dangerous condition.
Weinstein v. County of Nassau, NY Slip Op 00890 (2d Dep't February 5, 2020)
Here is the decision.
