D'Antuono v. Village of Saugerties

Mercure, J.P.

*1332We affirm. It is undisputed that the Village did not receive written notice of the dangerous condition, as required by Village Law § 6-628. Plaintiffs argue, however, that questions of fact exist regarding the applicability of the two exceptions to the statutory rule, which “is obviated where the plaintiff demonstrates that the municipality ‘created the defect or hazard through an affirmative act of negligence’ or that a ‘special use’ conferred a benefit on the municipality” (Groninger v Village of Mamaroneck, 17 NY3d 125, 127-128 [2011], quoting Amabile v City of Buffalo, 93…