Costa v. Town of Babylon

*8OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs and defendant’s motion to dismiss the action granted.

Plaintiff brought the instant small claims action against the Town of Babylon to recover for personal injuries sustained as a result of having fallen into a pothole in the road. In her complaint form, she alleged that she had filed a notice of claim with the Town, but did not allege that the Town had prior written notice of the existence of the pothole. Defendant subsequently moved to dismiss, based upon plaintiff’s failure to comply with the prior written notice…