Lynch v. Village of Monroe

OPINION OF THE COURT

Jeffrey A. Cohen, J.

The infant plaintiff alleges that he slipped and fell on ice in the parking lot of Smith’s Clove Park (the Park) where he was attending a “Battle of the Bands” show sponsored by the defendant Monroe Joint Recreation Commission, also known as Monroe Joint Park Recreation Commission (the Park Commission).* Defendant Village of Monroe (the Village) owned the Park.

Defendants now move to dismiss the complaint based on the prior written notice statute and upon the fact that neither defendant had any prior notice of the alleged defect which caused the infant…