Giarraffa v. Town of Babylon
Cases that cite this one
4 later published cases cite this decision.
- Pfirman v. Village of New Paltz (Appellate Division of the Supreme Court of New York 2024)
- O'Hara v. City of Buffalo (Appellate Division of the Supreme Court of New York 2022)
- Cieszynski v. Town of Clifton Park (Appellate Division of the Supreme Court of New York 2015)
- Cieszynski v. Town of Clifton Park (Appellate Division of the Supreme Court of New York 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendant Town of Babylon appeals from an order of the Supreme Court, Suffolk County (Mayer, J.), dated June 21, 2010, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly was injured when he stepped into what he described as a dirt-covered sinkhole immediately adjacent to the bulkhead for a slip where his boat was moored in Tanner Park, in the Town of Babylon. The defendant Town moved for summary judgment dismissing the complaint, principally on the ground that it had no prior written notice of the subject defect as required by Code of the Town of Babylon § 158-2, pertaining to sidewalk defects. The Supreme Court denied the motion, concluding that prior written notice of the defect was required, but that Code of the Town of Babylon § 158-2 had been satisfied. We affirm, but on a different ground from that relied upon by the Supreme Court.
Contrary to the Supreme Court’s determination, a letter addressed to the Town Supervisor regarding an “erosion problem” in the area of the boat slips in Tanner Park was insufficient to constitute the required prior written notice under Code of the Town of Babylon § 158-2, as that ordinance specifically requires that notice be given to the Town Clerk or the Commissioner of the Department of Public Works (see Gorman v Town of Huntington, 12 NY3d 275, 279 [2009]; Kiszenik v Town of Huntington, 70 AD3d 1007 [2010]).
Nonetheless, the Town failed to demonstrate its prima facie entitlement to judgment as a matter of law because it did not show that the area where the plaintiff fell was within the scope of the applicable prior written notice provisions (see Code of Town of Babylon §§ 158-1, 158-2; Town Law § 65-a). Contrary to the Town’s contention, the dirt-covered area providing access
Case-law data current through December 31, 2025. Source: CourtListener bulk data.