Opinion
December 26, 1991
Appeal from the Supreme Court, Onondaga County, Reagan, J.
Present — Callahan, J.P., Green, Pine and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant's motion for summary judgment. Plaintiffs' submissions in opposition to the motion raised a triable issue of fact whether defendant affirmatively caused or created the dangerous condition in the parking lot owned and maintained by the Village. If so, prior written notice of the defect or condition was not required under Village Law § 6-628 (see, Barrett v City of Buffalo, 96 A.D.2d 709, 710; Siddon v Fishman Co., 65 A.D.2d 832, 833, lv denied 46 N.Y.2d 714).