Palo v. Town of Fallsburg

We affirm. “It is well settled that where, as here, a municipality has enacted a prior written notice statute pertaining to its thoroughfares or sidewalks, it cannot be held liable unless such written notice of the allegedly defective or dangerous condition was actually given” (Gagnon v City of Saratoga Springs, 51 AD3d 1096, 1097 [2008], lv denied 11 NY3d 706 [2008] [footnote and citations omitted]; see Stride v City of Schenectady, 85 AD3d 1409, 1410 [2011]; Westbrook v Village of Endicott, 67 AD3d 1319, 1319 [2009]). Defendant clearly satisfied its evidentiary burden on this issue by…