Opinion
April 22, 1996
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the order is affirmed, without costs or disbursements.
We agree with the defendant's contentions that Town Law § 65-a (1) applies to this case because a public parking lot is a highway within the meaning of the statute ( see, Stratton v. City of Beacon, 91 A.D.2d 1018, 1019; see also, Zigman v. Town of Hempstead, 120 A.D.2d 520), and that prior written notice of the allegedly defective condition was therefore a condition precedent to maintaining this action ( see, Town Law § 65-a) absent proof that the defendant created the condition. However, the plaintiff's amended verified complaint sufficiently alleges the existence of such prior written notice. The plaintiff also alleges that the defendant affirmatively created the defective condition which caused her injuries ( see, Humes v. Town of Hempstead, 166 A.D.2d 503, 504). Accordingly, the Supreme Court properly denied the defendant's motion to dismiss the complaint. O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.