Wiley v. Incorporated Village of Garden City
Cases that cite this one
6 later published cases cite this decision.
- Smith v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2012)
- Smith v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2012)
- Sola v. Village of Great Neck Plaza (Appellate Division of the Supreme Court of New York 2014)
- Sola v. Village of Great Neck Plaza (Appellate Division of the Supreme Court of New York 2014)
- Lindsay v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2013)
- Lindsay v. City of Mount Vernon (Appellate Division of the Supreme Court of New York 2013)
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
On its motion for summary judgment dismissing the complaint, the Village made a prima facie showing of entitlement to judgment as a matter of law by providing evidence that it lacked prior written notice of the allegedly dangerous condition, as required by Garden City Village Code § 132-2 (see Jason v Town of N. Hempstead, 61 AD3d 936 [2009]; Smith v Village of Rockville Ctr., 57 AD3d 649, 650 [2008]). In opposition, the plaintiff failed to raise a triable issue of fact. The plaintiffs contention that the Village failed to maintain indexed records of notices received, in violation of Village Law § 4-402 (g), is unavailing. When presented with such a failure, the burden shifts to the municipality to show that it made a diligent and good-faith search of its internal records (see Caramanica v City of New Rochelle, 268 AD2d 496 [2000]; Mollahan v Village of Port Washington N., 153 AD2d 881, 885 [1989]). Here, the municipality made a diligent effort and good-faith search of its records and found no prior written notice.
Moreover, the Supreme Court should have granted the cross motion of Scatt Materials for summary judgment dismissing the third-party complaint insofar as asserted against it. Scatt Materials made a prima facie showing of entitlement to judgment as a matter of law, and the Village failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). Dickerson, J.E, Hall, Cohen and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.