Skelly v. Village of Port Chester

This is a motion by defendant, the Village of Port Chester, to dismiss the complaint for legal insufficiency because of plaintiff’s failure to allege in the complaint that written notice of the alleged defect was given to defendant prior to the occurrence of the accident in accordance with the demands of section 16 of title 7 of the village charter, enacted on January 18,1954, which provides as follows: “ No civil action shall be brought or maintained against the Village of Port Chester for damages or injuries to person or property sustained in consequence of any street, highway, bridge,…