Mitchell v. Town of Fowler

OPINION OF THE COURT

Mercure, J. P.

This appeal tests the breadth of the exception to the prior written notice requirement that excuses a failure to establish the statutorily mandated notice in a case where the claimed defect is readily apparent and the municipal defendant had, shortly prior to the accident, either inspected the subject area for the purpose of discovering such defects or performed work thereon (see, Krach v Town of Nassau, 217 AD2d 737; Giganti v Town of Hempstead, 186 AD2d 627, 628; Klimek v Town of Ghent, 114 AD2d 614, 615; Blake v City of Albany, 63 AD2d 1075, affd 48 NY2d…