Opinion
March 27, 1995
Appeal from the Supreme Court, Suffolk County (Newmark, J.).
Ordered that the order is affirmed, with costs.
It is undisputed that the defendant Village did not receive prior written notice of the alleged defective walkway condition, as required pursuant to Village Law § 6-628 (see, Monteleone v Incorporated Vil. of Floral Park, 74 N.Y.2d 917). Since the plaintiffs failed to establish the existence of triable issues of fact with respect to their contention that the Village affirmatively created the alleged defect, the Supreme Court properly dismissed their complaint insofar as it is asserted against the Village (see, Tyschak v. Incorporated Vil. of Westbury, 193 A.D.2d 670; West v. Village of Mamaroneck, 172 A.D.2d 827; see also, Rogers v. Town of Ramapo, 211 A.D.2d 775). Bracken, J.P., Thompson, Hart and Goldstein, JJ., concur.