Opinion
October 31, 1994
Appeal from the Supreme Court, Suffolk County (Werner, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the County's contentions, the prior written notice requirement of Suffolk County Charter § C8-2 (A) is inapplicable under the circumstances presented. It has been consistently held that the prior written notice laws should be strictly construed and refer to physical conditions in the streets or sidewalk, such as cracks and holes, which do not immediately come to the attention of municipal officers, unless they are given actual notice thereof (see, Hughes v. Jahoda, 75 N.Y.2d 881, 883; Alexander v. Elred, 63 N.Y.2d 460, 467; Doremus v. Incorporated Vil. of Lynbrook, 18 N.Y.2d 362; Torres v. Galvin, 189 A.D.2d 870; Flynn v. Town of N. Hempstead, 97 A.D.2d 430). Since the plaintiffs' claims do not fall within this category, Suffolk County Charter § C8-2 (A) does not apply. Mangano, P.J., Thompson, Sullivan and Miller, JJ., concur.