Amarante v. Village of Tarrytown

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before BALLETTA
• Citation: Amarante v. Village of Tarrytown, 640 N.Y.S.2d 619, 226 A.D.2d 488 (N.Y. App. Div. 1996)
• Decision Date: 15 April 1996
• Parties: Cristian AMARANTE, Appellant, v. VILLAGE OF TARRYTOWN, Respondent.

Page 619

640 N.Y.S.2d 619

226 A.D.2d 488

Cristian AMARANTE, Appellant, v. VILLAGE OF TARRYTOWN, Respondent.

Supreme Court, Appellate Division Second Department.

April 15, 1996.

Jaroslawicz & Jaros, New York City (David Jaroslawicz and Robert J. Tolchin, of counsel), for appellant.

Kelly, Hodukavich & Goldberg, Elmsford (Carol R. Finocchio, of counsel), for respondent.

Before BALLETTA, J.P., and O'BRIEN, RITTER, PIZZUTO and ALTMAN, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rosato, J.), entered March 7, 1995, which granted the defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

Contrary to the plaintiff's contention, a municipal parking lot falls within the scope of Village Law § 6-628 which, inter alia, requires prior written notice of a defective condition as a condition precedent to maintaining an action against a village arising from a sidewalk or highway defect (see, Lauria v. City of New Rochelle, 225 A.D.2d 1013, 639 N.Y.S.2d 867; Mendes v. Whitney-Floral Realty Corp., 216 A.D.2d 540, 629 N.Y.S.2d 63; Stratton v. City of Beacon, 91 A.D.2d 1018, 457 N.Y.S.2d 893; Ebert v. Incorporated Vil. of Garden City, 21 Misc.2d 607, 196 N.Y.S.2d 878). The record supports the Supreme Court's finding that the defendant did not receive the requisite written notice of the alleged defective condition and there was no evidence that the defendant affirmatively created the condition. Thus, the defendant's motion for summary judgment was properly granted (see, Bess v. Village of E. Hampton, 225 A.D.2d 511, 639 N.Y.S.2d 718; Zwielich v. Incorporated Vil. of Freeport, 208 A.D.2d 920, 617 N.Y.S.2d 871; Mollahan v. Village of Port Washington N., ...