A municipality that has adopted a prior written notice law is not liable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies. There are two exceptions to the prior written notice requirement: where an affirmative act of negligence by the municipality creates the defect, or where a special use of the property confers a special benefit upon the municipality.
D. D. v. Incorporated Vil. of Freeport, NY Slip Op 04727 (2d Dep't August 26, 2020)
