Lazzari v. Village of Bronxville
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff alleged that she was injured when she tripped *653and fell on a passageway that led between two buildings from the street to a Village of Bronxville (hereinafter the Village) parking lot located behind the buildings. The Village moved to dismiss the complaint on the ground that the plaintiff had failed to allege and prove that the Village had been given prior written notice of the alleged defect.
Pursuant to Village Law § 6-628, prior written notice is a condition precedent to maintaining an action against the Village arising from a sidewalk defect (see, Tyschak v Incorporated Vil.…
2Cases cited7 opinions
- Giganti v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1992
- Mendes v. Whitney-Floral Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Tyschak v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 1993
- Mollahan v. Village of Port Washington NorthAppellate Division of the Supreme Court of the State of New York · 1989
- Schneid v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by3 opinions
- Staudinger v. Village of GranvilleAppellate Division of the Supreme Court of the State of New York · 2003
- Morzello v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1999
- Rooney v. Sterling Mets, L.P.Appellate Division of the Supreme Court of the State of New York · 2009