Rowe v. City of North Tonawanda

—Order and judgment unanimously' affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant, the City of North Tonawanda (City), for a directed verdict and properly dismissed the complaint on the merits for plaintiffs failure to establish that the City received written notice of the alleged defect in the street. Pursuant to the City charter, such notice is a condition precedent to an action against the City (see, Katz v City of New York, 87 NY2d 241, 243; Cipriano v City of New York, 96 AD2d 817, 818; see generally, Barry v Niagara Frontier Tr. Sys., 35 NY2d…