Balsan v. County of Suffolk

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 15, 2004, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the defendant’s contentions, the prior written notice requirement of Suffolk County Charter § C8-2A is inapplicable under the circumstances presented (see Martorano v McNair, 208 AD2d 909 [1994]). The driveway of the abandoned home where the plaintiff slipped and fell due to the accumulation of snow and…