Conlon v. Village of Pleasantville
| Decision Date | 30 January 1989 |
| Citation | 537 N.Y.S.2d 221,146 A.D.2d 736 |
| Parties | June CONLON, Appellant, v. The VILLAGE OF PLEASANTVILLE, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Finkelstein, Kaplan, Levine, Gittelsohn and Tetenbaum, Newburgh (Duncan W. Clark and Robert J. Camera, of counsel), for appellant.
Wilson, Bave, Conboy & Bave, P.C., White Plains (R. Kevin Conboy, of counsel), for respondent Village of Pleasantville.
Donald L. Frum & Associates, Tarrytown (Bruce A. Glotzer, of counsel), for respondents Vedovino.
Samuel F. Simone, White Plains (Michael J. Hickey, of counsel), for respondent Baker.
Before MOLLEN, P.J., and THOMPSON, RUBIN and SPATT, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Donovan J.), entered June 24, 1987, which granted the respective motions of the defendants Guilio and Marilyn Vedovino and the Village of Pleasantville for summary judgment, and sua sponte granted summary judgment to the defendant Baker.
ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The plaintiff instituted this action to recover damages resulting from her fall over an allegedly raised section of sidewalk. The plaintiff contends that files in the office of the village superintendent of water in connection with a "sidewalk reconstruction program", which indicated there was some damage to the sidewalk, constitute actual notice to the Village within the meaning of the Village Law § 6-628.
Prior notice laws such as the provision at issue are to be strictly construed. Village Law § 6-628 requires that "written notice of the defective * * * condition [be] actually given to the village clerk". A report by the superintendent of water is not "written notice * * * to the village clerk". Because the plaintiff has not satisfied the statutory condition precedent to maintaining her claim against the village (see, Cipriano v. City of New York, 96 A.D.2d 817, 465 N.Y.S.2d 564; Laing v. City of New York, 133 A.D.2d 339, 519 N.Y.S.2d 238, affd. 71 N.Y.2d 912, 528 N.Y.S.2d 530, 523 N.E.2d 816), and has not shown that this case presents an exception to that requirement (see, Zigman v. Town of Hempstead, 120 A.D.2d 520, 501 N.Y.S.2d 718), summary judgment was properly granted in favor of the village.
The plaintiff further contends that it was error to grant summary judgment to the other defendants since they owned the land...
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