Opinion
June 24, 1996
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the appeal from the order entered September 26, 1994, as amended, is dismissed, as that order, as amended, was superseded by the order entered February 6, 1995, made upon reargument; and it is further,
Ordered that the order entered February 6, 1995, is affirmed insofar as appealed from; and it is further,
Ordered that the defendant-respondent is awarded one bill of costs payable by the plaintiff-appellant and the defendant-appellant.
The plaintiff alleged that she was injured when she tripped and fell on a passageway that led between two buildings from the street to a Village of Bronxville (hereinafter the Village) parking lot located behind the buildings. The Village moved to dismiss the complaint on the ground that the plaintiff had failed to allege and prove that the Village had been given prior written notice of the alleged defect.
Pursuant to Village Law § 6-628, prior written notice is a condition precedent to maintaining an action against the Village arising from a sidewalk defect ( see, Tyschak v. Incorporated Vil. of Westbury, 193 A.D.2d 670). Contrary to the plaintiff's argument, the passageway involved herein falls within the scope of the prior written notice provisions of the statute. This Court has previously "held that provisions similar to the one at bar cover any walkways over which the public has a general right of passage" ( Rivers v. City of New Rochelle, 178 A.D.2d 467; also see, Schneid v. City of White Plains, 150 A.D.2d 549; Kadlecik v Village of Endicott, 174 A.D.2d 923; Mendes v. Whitney-Floral Realty Corp., 216 A.D.2d 540). Since the plaintiff has failed to allege or show that the Village had received prior written notice of the alleged defect, the complaint was properly dismissed insofar as asserted against the Village ( see, Giganti v. Town of Hempstead, 186 A.D.2d 627; Mollahan v. Village of Port Washington N., 153 A.D.2d 881).
We have examined the appellants' remaining arguments and find them to be without merit. Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.