Krysinski v. City of Rochester

— Order unanimously affirmed without costs. Memorandum: A municipality may specify, as a necessary condition precedent to bringing a personal injury action, that prior written notice of defect be established (see, General Municipal Law § 50-e [4]; Leary v City of Rochester, 115 AD2d 260, affd 67 NY2d 866; Zimmerman v City of Niagara Falls, 112 AD2d 17; Drzewiecki v City of Buffalo, 51 AD2d 870, 871). In support of its motion for summary judgment, defendant established that its City Charter contains a prior written notice requirement. In addition, defendant submitted affidavits *892by several city…