Barber v. Town of Northumberland

OPINION OF THE COURT

Thomas E. Mercure, J.

This is a motion by defendants and third-party plaintiffs seeking dismissal of the complaint and summary judgment against plaintiffs above. There is also an order to show cause by defendants and third-party plaintiffs seeking permission to amend their answer to include the affirmative defense of failure to establish prior written notice of defect, as required by law, and allowing the failure to comply with the statutory requirements of prior written notice to be considered an additional ground in this pending motion for summary judgment.

There is also a…