Matos-Matos v City of Yonkers

Holding The Appellate Division reversed the lower court’s denial of summary judgment, granting the City’s motion to dismiss the complaint. The court held that the City established it lacked prior written notice of the sidewalk defect and the plaintiff failed to demonstrate that the affirmative negligence exception applied.

The court’s words

the plaintiff failed to raise a triable issue of fact as to whether the City was provided with the requisite prior written notice

2026 NY Slip Op 06293, at the official text

the plaintiff failed to identify any evidence demonstrating that a dangerous condition arose immediately upon the installation of the plank

2026 NY Slip Op 06293, at the official text

the municipality cannot be held liable for a defect within the scope of the law absent the requisite written notice

2026 NY Slip Op 06293, at the official text

the affirmative negligence exception 'is limited to work by the City that immediately results in the existence of a dangerous condition'

2026 NY Slip Op 06293, at the official text