Brown v. County of Suffolk

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the County Clerk did not receive prior written notice of the alleged hazardous highway condition as required by Suffolk County Charter § C8-2A. Although both the Department of Public Works and the County Executive received prior written notice, such notice was insufficient because neither one of those departments was a statutory designee under Suffolk County Charter § C8-2A (see Gorman v Town of Huntington, 12 NY3d 275, 280 [2009]).

Although written notice would not be required if the…