DeLORM v. VILLAGE OF LYONS (2000)

Supreme Court erred in denying the motion of the Village of Lyons (defendant) for summary judgment.   Defendant submitted proof in admissible form sufficient to establish that it had not received prior written notice of the defective condition of the sidewalk where plaintiff Patricia A. DeLorm fell and sustained injuries (see, Village Law § 6-628).   Plaintiffs' submissions in opposition to the motion failed to raise an issue of fact with respect to prior written notice or whether defendant's affirmative acts created the defective condition (see, Fusco v. City of Rome, 236 A.D.2d 869, 869-870, 653 N.Y.S.2d 891).   Contrary to the contention of plaintiffs, neither constructive notice (see, Amabile v. City of Buffalo, 93 N.Y.2d 471, 475-476, 693 N.Y.S.2d 77, 715 N.E.2d 104;  Tonorezos v. County of Nassau, 266 A.D.2d 387, 698 N.Y.S.2d 331) nor actual notice (see, Sorrento v. Duff, 261 A.D.2d 919, 690 N.Y.S.2d 368;  Wisnowski v. City of Syracuse, 213 A.D.2d 1069, 624 N.Y.S.2d 329;  Lalley v. Adam, Meldrum & Anderson Co., 186 A.D.2d 1083, 588 N.Y.S.2d 500) is sufficient to override the statutory requirement of prior written notice.

Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendant Village of Lyons dismissed.

MEMORANDUM: