Opinion
May 23, 1994
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The complaint alleged that the day after a snow storm on Thanksgiving Day, November 23, 1989, the plaintiff Joyce Alvino was severely injured when she slipped and fell on an icy sidewalk while attempting to climb into a bus operated by the Metropolitan Suburban Bus Authority. The accident occurred in an area known as Station Plaza North, where the defendant Village of Freeport was apparently responsible for snow removal. It is undisputed that no written notice of the icy condition was provided to the Village pursuant to the requirements of CPLR 9804, Village Law § 6-628 and Village of Freeport Code § 27-3. The plaintiffs contend that no such notice was required because the Village intentionally decided not to remove the accumulated snow and ice in order to avoid holiday pay to its snow removal crews. However, the plaintiffs have submitted no evidence that the Village made any such decision, other than an affidavit by the plaintiff Joyce Alvino, in which she infers such a decision from the fact that snow fell on Thanksgiving Day and was not removed from the sidewalk the next morning. This inference was contravened by Ms. Alvino's testimony at her examination before trial that the street adjacent to the sidewalk where she fell had been partially plowed prior to her accident.
In any event, even were the plaintiffs' allegations true, a municipality bears no liability for nonfeasance with regard to snow removal, absent written notice of the condition pursuant to statutory notice requirements, or personal inspection of or work on the subject site by appropriate municipal officers (see, Grant v. Incorporated Vil. of Lloyd Harbor, 180 A.D.2d 716; Ferris v. County of Suffolk, 174 A.D.2d 70; Palkovic v. Town of Brookhaven, 166 A.D.2d 566; Buccellato v. County of Nassau, 158 A.D.2d 440; Kirschner v. Town of Woodstock, 146 A.D.2d 965). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.