Parchment v. Crawford
Attorneys and Parties
Brief Summary
Municipal tort liability and prior written notice for sidewalk defects under a local code.
The Supreme Court, Nassau County denied the Town's motion for summary judgment.
The denial of the Town's motion for summary judgment; the Appellate Division granted summary judgment dismissing the complaint and all cross-claims against the Town.
The Town made a prima facie showing that it lacked prior written notice under Town Code § 26-1 [requires written notice manually subscribed by the complainant and actually given to the Town Superintendent of Highways or the Town Clerk] through affidavits from the First Deputy Town Clerk and the Superintendent of Highways confirming no such notice was recorded. The plaintiff failed to raise a triable issue of fact as to prior written notice or that the Town affirmatively created the defect.
Background
Plaintiff Jamal Parchment alleged he tripped and fell due to a defect on a sidewalk within the Town of North Hempstead. He sued, among others, the Town. The Town moved for summary judgment arguing it had not received the prior written notice required by Town Code § 26-1 and that no exception (affirmative creation or special use) applied. Plaintiff opposed, asserting triable issues existed as to prior written notice and the Town's alleged affirmative creation of the defect.
Lower Court Decision
By order dated September 20, 2024, the Supreme Court, Nassau County denied the Town's motion for summary judgment dismissing the complaint and all cross-claims insofar as asserted against it.
Appellate Division Reversal
The Appellate Division reversed the order insofar as appealed from, with costs, and granted the Town's motion for summary judgment, dismissing the complaint and all cross-claims against the Town.
Legal Significance
The decision reinforces strict enforcement of municipal prior written notice requirements and the narrowness of the exceptions (affirmative creation or special use). Affidavits from appropriate municipal officials establishing a records search and absence of compliant written notice suffice to meet a municipality's prima facie burden, shifting the burden to plaintiffs to produce evidence of notice or an applicable exception.
Without proof of prior written notice compliant with Town Code § 26-1 or evidence of an exception such as affirmative creation, claims against the Town for sidewalk defects will be dismissed on summary judgment.