McCord v. Village of Walden

In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Orange County, entered September 1, 1971, which denied its motion to dismiss the complaint. Order reversed, on the law, without costs, and motion granted. The complaint alleges that the defendant village negligently permitted the accumulation of snow and ice upon which plaintiff slipped. The absence of an allegation of active negligence on the part of the village required plaintiff to comply with section 341-a of the Village Law. That section provides that “Ho civil action shall be…