Hoth v. Incorporated Village of Garden City

Motion for summary judgment dismissing the complaint in an action for personal injuries.

The plaintiff Frieda Hoth claims that she was injured on February 20, 1958, about 9:10 a.m., when she slipped and fell on an accumulation of snow and ice on a sidewalk maintained by the defendant at the intersection of Nassau Boulevard and Merrillon Boulevard, Garden City.

*1065Before an action may be maintained for injuries resulting from the existence of snow and ice on a village sidewalk it must be shown that ‘ ‘ written notice * * * was actually given to the village clerk and there was a failure or neglect…