Barnoski v. Village of Broadalbin

OPINION OF THE COURT

Thomas E. Mercure, J.

Defendant, Village of Broadalbin, New York, seeks judgment, pursuant to CPLR 9804, on the ground of noncompliance by the plaintiffs with the required condition precedent mandated in the statute.

Plaintiffs allege that plaintiff Wanda Barnoski was injured when she fell in a hole on First Avenue, in the Village of Broadalbin, New York. Defendant, Village of Broadalbin, answered with a general denial and set forth as an affirmative defense the failure to comply with CPLR 9804.

Ҥ 9804. Notice of defects in certain actions.

“No civil action shall be…