Opinion
Submitted September 13, 2000.
October 16, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Rockland County (Meehan, J.), dated November 30, 1999, which granted the defendant's motion for summary judgment dismissing the complaint.
Richard P. Neimark Associates, LLP (Carol R. Finocchio, New York, N.Y. [Lawrence B. Goodman] of counsel), for appellant.
Marx Aceste, LLP, White Plains, N.Y. (Sally Ann Zullo and Vincent J. Aceste of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted the defendant's motion for summary judgment dismissing the complaint. A notice of claim filed against the defendant in an action which was dismissed in 1995 did not constitute prior written notice of the allegedly defective condition (see, Halali v. City of New York, 253 A.D.2d 849; Ortsman v. Town of Oyster Bay, 178 A.D.2d 588), and the affidavit submitted by the plaintiff's expert was insufficient to show that the defendant caused or created the alleged defect (see, Romano v. Stanley, 90 N.Y.2d 444; Enrichment Enterprises v. Jempris Realty Corp., 272 A.D.2d 432; Van Skyock v. Burlington N. Santa Fe Co., 265 A.D.2d 545).