Weinfeld v. J. Robert Roth Associates, Inc.

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of the defendant Town of Amherst for summary judgment. Pursuant to the Town Law, no action may be maintained unless prior written notice of the defect is given (Town Law § 65-a [2]; see, Bimstein v Levine, 129 AD2d 757, 758; Zigman v Town of Hempstead, 120 AD2d 520, 521; Abbatecola v Town of Islip, 97 AD2d 780). In the absence of compliance with the statutory notice provision, no cause of action exists even if the municipality had actual notice of the defect (see, Zimmerman v City of Niagara Falls,…