Hinch v. Frankel's Fabric Center

This is a motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action. The action is one against the Incorporated Village of Garden City to recover damages for personal injuries sustained as a result of plaintiff’s fall over an alleged defective sidewalk. The complaint contains no allegation as to prior written notice as required by section 341-a of the Village Law. This omission is fatal. (MacMullen v. City of Middle-town, 187 N. Y. 37; Shelly v. City of Port Chester, 6 A D 2d 717.)

The plaintiff concedes that she gave no prior written notice but…