Opinion
October 30, 1995
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the order is affirmed, with costs.
The plaintiff was injured when he fell on an allegedly defective sidewalk owned by the City of White Plains. However, since the plaintiff failed to prove either that the City's prior written notice requirements set forth under White Plains Code article XIII were met or that the City created the allegedly defective sidewalk, the Supreme Court properly granted the City's motion for summary judgment (see, Messina v. City of New York, 190 A.D.2d 659; Kiernan v. Thompson, 73 N.Y.2d 840; Combs v Incorporated Vil. of Freeport, 139 A.D.2d 688). Bracken, J.P., Santucci, Joy and Friedmann, JJ., concur.