Opinion
May 28, 1996
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the judgment is affirmed, with costs.
By establishing that it never received prior written notice of the allegedly defective sidewalk, the defendant Village of Babylon demonstrated its prima facie entitlement to judgment as a matter of law ( see, Village Law § 6-628; Monteleone v Incorporated Vil. of Floral Park, 143 A.D.2d 647, affd 74 N.Y.2d 917; Mendes v. Whitney-Floral Realty Corp., 216 A.D.2d 540). Contrary to the plaintiffs' contentions, there is no evidence that the Village affirmatively created the defective condition (see, Monteleone v. Incorporated Vil. of Floral Park, supra). Therefore, the court correctly dismissed the complaint insofar as asserted against the defendant Village of Babylon. Balletta, J.P., Miller, Sullivan and Copertino, JJ., concur.