Lyndaker v. Sherwin Williams, Inc.

Memorandum: Special Term erred in denying defendant’s motion for summary judgment.

In this action for personal injuries, the complaint alleges that plaintiff was caused to fall in a hole in the sidewalk allegedly created or permitted to exist because of the negligence of the village. Defendant village moved for summary judgment on the ground that Local Laws, 1978, No. 2 requires that prior written notice of a defect be given as a condition precedent to an action against the village, and no such notice had been given. Defendant also avers that no action by village employees created the…