Opinion
October 7, 1992
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Denman, P.J., Pine, Lawton, Boehm and Doerr, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant City of Buffalo for summary judgment dismissing plaintiffs' complaint because plaintiffs failed to comply with section 362 of the Charter of the City of Buffalo, which requires that prior written notice of the defect be given to the City Clerk (see, Drzewiecki v City of Buffalo, 51 A.D.2d 870). The fact that the City had actual knowledge of the defect and had sent a notice to the abutting landowner to make repairs does not excuse plaintiffs' lack of compliance with section 362 (see, Dobransky v City of Watertown, 168 A.D.2d 997, 998; Conlon v City of Pleasantville, 146 A.D.2d 736). We do not find the circumstances here to be sufficiently unusual to justify making an exception to the requirement of prior written notice (cf., Blake v City of Albany, 63 A.D.2d 1075, affd on other grounds 48 N.Y.2d 875).