Bess v. Village of East Hampton

Full title: BONITA BESS, Appellant, v. VILLAGE OF EAST HAMPTON, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 4, 1996

225 A.D.2d 511 (N.Y. App. Div. 1996)

639 N.Y.S.2d 718

Opinion

March 4, 1996

Appeal from the Supreme Court, Suffolk County (Doyle, J.).

Ordered that the order is affirmed, with costs.

Since the record supports the Supreme Court's finding that the defendant did not receive the requisite written notice of the alleged defective condition, and there was no evidence that the defendant affirmatively created the condition, summary judgment was properly awarded in favor of the defendant ( see, Village Law § 6-628; Mollahan v Village of Port Washington N., 153 A.D.2d 881; Conlon v Village of Pleasantville, 146 A.D.2d 736; Parella v Levin, 111 A.D.2d 750). Rosenblatt, J.P., Miller, Ritter and Sullivan, JJ., concur.