Opinion
August 24, 1998
Appeal from the Supreme Court, Nassau County (Dunne, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
Since the plaintiff did not challenge the defendant's allegation that it had not received prior written notice of the defective condition which allegedly caused the plaintiff's injury, the Supreme Court should have granted the defendant's motion and dismissed the complaint ( see, CPLR 9804; Village Law § 6-628; Village of Freeport Code of Ordinances § 27-2).
The plaintiff's remaining contention is without merit.
Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.