Wiley v. Incorporated Village of Garden City
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.