Kenneth E. Pitcoff and Andrea M. Alonso. Courtesy photos The Expansion of Prior Written Notice Protection
The protection afforded to municipalities by prior written notice statutes continues to grow. It is clear from recent court rulings, discussed in this article, that expansion of this governmental immunity is the judicial trend.
July 18, 2023 at 10:00 AM
9 minute read
State and Local Government
A municipality that has a prior written notice law cannot be held liable for a defect within the scope of the law unless the requisite written notice has been given. The New York Village law for prior written notice applies to six surfaces and the Town law applies to three. Recently courts have continued to expand the definition to apply to other surfaces that "functionally fulfill the same purpose as a statutory surface."
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