Ebert v. Incorporated Village of Garden City

This motion to dismiss the complaint turns on whether a municipal parking field is a “ street, highway, bridge, culvert, sidewalk or crosswalk within the meaning *608of section 341-a of the Village Law. Plaintiff alleges that her injury was caused by falling in “a dirt obscured, iced-over hole and depression ” in a parking field maintained by defendant village and that the village had actual and constructive notice of the hole and failed to repair it. She does not plead the written notice that section 341-a requires (Skelly v. Village of Port Chester, 6 A D 2d 717).

While section 341-a is in…