Butts v. Village of Sag Harbor

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Cannavo, J.), dated May 11, 1998, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff George E. Butts, Jr., allegedly was injured when he tripped over a raised slab of sidewalk which was caused by the expansion of the roots of an adjacent tree. The Village of Sag Harbor moved for summary judgment based upon the plaintiffs’ failure to comply with the prior written…