Opinion
Submitted December 15, 1999
January 31, 2000
In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated March 8, 1999, which denied its motion for summary judgment dismissing the third-party complaint.
Henderson Brennan, White Plains, N.Y. (John T. Brennan of counsel), for third-party defendant-appellant.
Nesci Keane Piekarski Keogh Corrigan, White Plains, N Y (Thomas J. Keane of counsel), for defendants third-party plaintiffs-respondents.
WILLIAM C. THOMPSON, J.P., SONDRA MILLER, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The appellant failed to establish its entitlement to judgment as a matter of law. While Village Code § 197-28 Village requires prior written notice of the alleged hazardous condition which caused the plaintiff's fall, there is no need to prove prior written notice where a Village or Town has created the hazardous condition (see,Doherty v. Town of Orangetown, 221 A.D.2d 310 ). There is a question of fact as to whether the appellant created the alleged hazardous condition which caused the plaintiff's fall. Thus, the Supreme Court properly denied its motion for summary judgment (see, Doherty v. Town of Orangetown, supra).
THOMPSON, J.P., S. MILLER, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.