Topic: recognized exceptions to the prior written notice requireme… · Go Syfert
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Topic #6369

4 canonical passages across 3 cases, quoted by 55 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Miller v. Village of East Hampton.

#Case FlagCanonical passage Citers
1 Miller v. Village of East Hampton Anchor
nyappdiv · 2012
green “recognized exceptions to the prior written notice requirement exist where the municipality created the defect or hazard through an affirmative act of negligence, or where a special use confers a special benefit upon it” 18
2 Forbes v. City of New York
nyappdiv · 2011
green “the only two recognized exceptions to a prior written notice requirement are the municipality's affirmative creation of a defect or where the defect is created by the municipality's special use of the property” 16
3 Forbes v. City of New York
nyappdiv · 2011
green “a municipality that has adopted a 'prior written notice law' cannot be held liable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies” 15
4 Barnes v. Incorporated Village of Port Jefferson
nyappdiv · 2014
green “a municipality that has adopted a prior written notice law cannot be held liable for a defect within the scope of the law absent the requisite written notice, unless an exception to the requirement applies” 6

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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