Samuel v County of Nassau
Attorneys and Parties
Brief Summary
Municipal tort liability for sidewalk defects; prior written notice requirements.
The Supreme Court, Nassau County, denied the County's motion for summary judgment.
The denial of summary judgment was reversed; the Appellate Division granted summary judgment to the County and dismissed the complaint and cross-claims against it.
The County made a prima facie showing that it lacked prior written notice of the sidewalk defect as required by Nassau County Administrative Code § 12-4.0(e) [requires written notice of a defective sidewalk condition, specifying the particular place and nature, to be sent by certified or registered mail to the Office of the County Attorney before a civil action may be maintained]. Plaintiff failed to raise a triable issue or show an applicable exception (affirmative creation or special use), and searches of other municipal departments were immaterial because the statute mandates notice to the County Attorney.
Background
Plaintiff alleged she tripped and fell on an uneven sidewalk and sued the County of Nassau among others. The County invoked its prior written notice statute and supported its motion with an affidavit from the Office of the County Attorney employee who searched six years of notice-of-defect files and found no written notices for the location. Plaintiff argued lack of broader records searches and did not establish that the County created the defect or that a special use applied.
Lower Court Decision
The Supreme Court (Sher, J.) denied the County’s motion for summary judgment dismissing the complaint and cross-claims against it.
Appellate Division Reversal
Reversed on the law, with costs. The Appellate Division granted the County’s motion for summary judgment and dismissed the complaint and all cross-claims insofar as asserted against the County, holding that the County lacked the requisite prior written notice and no exception applied.
Legal Significance
Reaffirms that where a municipality has a prior written notice law, liability for sidewalk defects is barred absent strict compliance or a narrow exception. For Nassau County, only written notices mailed to the Office of the County Attorney satisfy the statute; notices elsewhere in government do not suffice.
To maintain a sidewalk defect claim against Nassau County, a plaintiff must show prior written notice delivered as specified in Nassau County Administrative Code § 12-4.0(e) or fit within a narrow exception (affirmative creation or special use). Otherwise, summary judgment for the County is warranted.