Walid v. County of Westchester
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated March 8, 1999, which denied its motion for summary judgment dismissing the third-party complaint.
Ordered that the order is affirmed, with costs.
The appellant failed to establish its entitlement to judgment as a matter of law. While Village Code § 197-28 requires prior written notice of the alleged hazardous condition which caused the plaintiffs fall, there is no need to prove prior written notice where a Village or Town has…
2Cases cited1 opinion
- Doherty v. Town of Orange-townAppellate Division of the Supreme Court of the State of New York · 1995