Taylor v. Sefcheck

— Order unanimously reversed, without costs, motion granted and complaint dismissed, without prejudice, in accordance with the following memorandum: Contrary to the implications in the decision at Special Term, the complaint does not allege that the town was actively negligent in creating the hazard in its sanding and plowing operations. As to those aspects of the complaint pertaining to ice and snow, it is deficient because there is no allegation of compliance with the written notice requirement of subdivision 1 of section 65-a of the Town Law. Nor does the complaint, unlike the pleading in…