Feiner v. Incorporated Village of Farmingdale

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Roberto, J.), dated December 8, 1988, which granted the defendant’s motion for summary judgment.

Ordered that the order is affirmed, with costs.

In this action brought against the Incorporated Village of Farmingdale (hereinafter the Village), the plaintiffs claim that they are exempt from the prior-written-notice-of-defect prerequisite to commencement of an action (see, Village Law § 6-628) since the Village committed acts of affirmative negligence.

While it is…