Cisario v Abele Tractor & Equip. Co., Inc.

Holding The Appellate Division affirmed the denial of the Town’s motion to dismiss because the record was insufficient to determine if the written notice provided to a highway department employee satisfied the statutory requirement of notice to the town clerk or superintendent of highways. The court found that discovery was necessary to clarify the internal forwarding of the notice and the functional equivalent of the abolished superintendent position.

The court’s words

the municipality cannot be held liable for damages resulting from an injury arising from a defective sidewalk unless it had prior written notice

2026 NY Slip Op 06603, at the official text

it is the municipality's initial burden to demonstrate that it did not receive the requisite written notice

2026 NY Slip Op 06603, at the official text

because local laws requiring such notice are in derogation of the common law, they are strictly construed against the municipality

2026 NY Slip Op 06603, at the official text

written notice thereof, specifying the particular place, was actually given to the town clerk or to the town superintendent of highways

2026 NY Slip Op 06603, at the official text

it is unclear who in the Town is the functional equivalent of a superintendent of highways for the purposes of Town Law

2026 NY Slip Op 06603, at the official text

Supreme Court properly denied the Town's motion to dismiss, finding that there is a need for discovery

2026 NY Slip Op 06603, at the official text