June 26, 2018

The Appellate Division, Second Department affirmed an order granting summary judgment made by DSB on behalf of the Village of Greenport based on the absence of prior written notice. The Court agreed that plaintiff’s notice of claim did not contain an affirmative negligence theory of liability (an exception to the prior written notice requirement) and rejected plaintiff’s attempt to assert an affirmative negligence theory of liability in an amended notice of claim years after the expiration of the statute of limitations.