Bonilla v Village of Westbury

Holding The court affirmed the grant of summary judgment dismissing the complaint against the Village of Westbury because the Village established it lacked prior written notice of the sidewalk defect. The plaintiff failed to raise a triable issue of fact regarding the applicability of any exception to the written notice requirement.

The court’s words

Prior written notice of a defective condition is a condition precedent to maintaining an action against a municipality

2026 NY Slip Op 05760, at the official text

Once that showing is made, the burden shifts to the plaintiff to demonstrate the applicability of one of two recognized exceptions

2026 NY Slip Op 05760, at the official text

No civil action shall be maintained against the Village for . . . injury to person . . . sustained in consequence of any street

2026 NY Slip Op 05760, at the official text

it was immaterial that another municipal department's records had not been searched to determine whether the Village had prior written notice

2026 NY Slip Op 05760, at the official text